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Lloyd's Law Reports
AUTHOR: Michael Daiches, Barrister, and Professor Robert Merkin
ISBN: 1234-23-4936
Lloyd's Law Reports
Author: Michael Daiches, Barrister, and Professor Robert Merkin
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Browse 1984 Archive by Volume
Reports for Volume 1, 1984
MOSVOLDS REDERI A/S v. THE FOOD CORPORATION OF INDIA (THE "KING THERAS")
Charter-party (Voyage) - Laytime - Lightening operation - Laytime and demurrage only to apply to discharging from lightening vessels - Four lightening vessels used - Calculation of laytime.
[1984] 1 Lloyd's Rep. 1
K/S A/S OIL TRANSPORT v. SAUDI RESEARCH AND DEVELOPMENT CORPORATION LTD. (THE "GUDERMES")
Practice - Summary judgment - Claim in respect of demurrage - Defendants denied they were a party to charter-party - Whether defendants should have been given unconditional leave to defend - Whether defendants should be granted leave to produce further evidence.
[1984] 1 Lloyd's Rep. 5
COASTAL (BERMUDA) LTD. v. ESSO PETROLEUM CO. LTD.
Practice - Summary judgment - Sale of goods by ship's tanks composite sample - Construction of contract and telex messages - Whether defendants entitled to appeal against summary judgment.
[1984] 1 Lloyd's Rep. 11
MANTA LINE INC. v. SERAPHIM SOFIANITES AND MIDLAND BANK PLC
Practice - Application to set aside - Service of writ out of jurisdiction - Defendant's solicitors agreed to accept service - Whether agreement sufficient of itself to establish jurisdiction - Whether discretion properly exercised in setting aside service of writ.
[1984] 1 Lloyd's Rep. 14
BANQUE DE PARIS ET DES PAYS-BAS (SUISSE) S.A. v. COSTA DE NARAY AND CHRISTOPHER JOHN WALTERS
Banking - Guarantee - Summary judgment - Defendants gave personal guarantee - Bank applied for summary judgment - Defendants pleaded collateral agreement that guarantee would not be enforced - Defendants given conditional leave to defend - Whether bank entitled to summary judgment - Whether defendants entitled to unconditional leave to defend.
[1984] 1 Lloyd's Rep. 21
SECRETARY OF STATE FOR TRADE v. BOOTH (THE BICHE)
Navigation - Passenger steamer - Sailing vessel used for excursions - Yawl carrying more than 12 persons - Passengers including young persons - Yawl unable to operate under sail without passengers participation - Whether vessel required to have a certificate of survey - Whether young persons engaged on board ship on business of ship - Merchant Shipping Act, 1894, s. 271, as amended by Merchant Shipping Act, 1964, s. 17 and Merchant Shipping Act, 1979, Schedule 6 - Merchant Shipping (Safety Convention) Act, 1949, s. 26 (1) (a).
[1984] 1 Lloyd's Rep. 26
TAYLOR v. O'KEEFE (THE "NORDIC CLANSMAN")
Navigation - Collision regulations - Master failing to comply with traffic separation scheme - Whether honest belief no infringement committed a defence -Meaning of "wilful default" - Merchant Shipping Act, 1894, s. 419 (1), (2) - Regulations for Preventing Collisions at Sea, 1972, r. 10 (b), (d).
[1984] 1 Lloyd's Rep. 31
SAMETIET M/T JOHS STOVE v. ISTANBUL PETROL RAFINERISI A/S (THE "JOHS STOVE")
Charter-party (Voyage) - Demurrage - Strike action caused congestion at loading port - Export of crude oil banned - Arbitrators found charter frustrated - Whether vessel came on demurrage - Whether owners entitled to claim demurrage.
[1984] 1 Lloyd's Rep. 38
PACLANTIC FINANCING CO. INC. AND OTHERS v. MOSCOW NARODNY BANK LTD.
Practice - Banking - Summary judgment - Bank sought to recover loans made to plaintiffs - Whether triable issues raised on affidavits - Whether bank entitled to summary judgment - Whether plaintiffs had arguable defence - R.S.C., O. 14.
[1984] 1 Lloyd's Rep. 42
GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION LTD. AND OTHERS v. PETER WILLIAM TANTER AND OTHERS (THE "ZEPHYR")
Reinsurance - Indemnity - Vessel constructive total loss - Reinsurance placed by broker before original insurance - Whether reinsurers liable - Whether brokers in breach of duty of care - Legal effect of signing indication.
[1984] 1 Lloyd's Rep. 58
EGYPTIAN INTERNATIONAL FOREIGN TRADE CO. v. SOPLEX WHOLESALE SUPPLIES LTD., AND P.S. REFSON & CO. LTD. (THE "RAFFAELLA")
Banking - Guarantee - Purchase of cargo of cement - Credit manager of bank gave undertaking to return moneys - Cargo rejected - Whether plaintiffs could claim on undertaking - Whether bank liable.
[1984] 1 Lloyd's Rep. 102
THE "SPAN TERZA"
Admiralty practice - Action in rem - Vessel ordered to be appraised and sold - Bunkers on board vessel - Whether intervener/charterers of vessel could claim proceeds of sale of bunkers.
[1984] 1 Lloyd's Rep. 119
TOR LINE A.B. (Renamed INVESTMENT A.B. TORMAN) v. ALLTRANS GROUP OF CANADA LTD. (THE "TFL PROSPERITY")
Charter-party (Time) - Carriage by sea - Roll-on roll-off vessel - Charterers unable to load double stacked 40 ft. containers on mafi trailers - Whether owners in breach of charter-party - Whether owners could rely on clause in charter.
[1984] 1 Lloyd's Rep. 123
THE "TOLUCA"
Collision - Crossing vessels - Collision in narrow channel - Whether vessels at fault in navigating channel - Liability for collision - Apportionment of blame.
[1984] 1 Lloyd's Rep. 131
MEDIOLANUM SHIPPING CO. v. JAPAN LINES LTD. (THE "MEDIOLANUM")
Charter-party (Time) - Safe port - Vessel ordered to bunkering place within port - Vessel took ground - Whether owners could recover costs of repair and hire from charterers - Whether port a safe port - Whether refinery had authority to decide where vessel should bunker.
[1984] 1 Lloyd's Rep. 136
MIRAMAR MARITIME CORPORATION v. HOLBORN OIL TRADING LTD. (THE "MIRAMAR")
[1984] 1 Lloyd's Rep. 142
JEDRANSKA SLOBODNA PLOVIDBA v. OLEAGINE S.A. (THE "LUKA BOTIC")
[1984] 1 Lloyd's Rep. 145
EXCHANGE THEATRE LTD. v. IRON TRADES MUTUAL INSURANCE CO. LTD. AND OTHERS
Insurance (Fire) - Conspiracy - Premises destroyed by fire and explosion - Whether destruction caused by conspiracy - Whether breach of policy conditions occurred - Whether policy void - Whether value of premises its market price or replacement costs.
[1984] 1 Lloyd's Rep. 149
INTEGRATED CONTAINER SERVICE INC. v. BRITISH TRADERS INSURANCE CO. LTD.
Insurance (Marine) - Sue and labour clause - Plaintiffs insured intermodal freight containers - Containers leased to lessee - Lessee adjudged bankrupt - Plaintiffs recovered leased containers - Whether plaintiffs could claim recovery costs under policy - Whether sue and labour clause applicable.
[1984] 1 Lloyd's Rep. 154
THE "SALVISCOUNT" AND "OLTET"
Admiralty practice - Action in rem - Renewal of writ - Extension of validity of writ - Admiralty Registrar extended validity and renewed writ - Whether Admiralty Registrar in error in making order.
[1984] 1 Lloyd's Rep. 164
THE "PIA VESTA"
Admiralty practice - Stay of action - Bill of lading - Exclusive jurisdiction clause - Non-delivery of container and contents - Whether action should have been brought in Denmark - Whether action should be stayed.
[1984] 1 Lloyd's Rep. 169
THE "KAPITAN ALEKSEYEV", "PANAGIOTIS XILAS" AND "NORDMARK"
Collision - Apportionment of liability - Collision at Tartous Harbour - Vessels collided with each other and with barges - Whether reasonable care and skill exercised by masters of vessels - Liability for collision.
[1984] 1 Lloyd's Rep. 173
EMPRESA CUBANA DE FLETES v. KISSAVOS SHIPPING CO. S.A. ("THE AGATHON") (NO. 2)
Charter-party (Time) - War risks insurance - Iran-Iraq war - Arabian Gulf declared an additional premium area - Vessel entered Gulf - Owners paid additional premiums to Club - Whether owners could recover premiums from charterers - Whether premiums excessive.
[1984] 1 Lloyd's Rep. 183
A/S HANSEN-TANGENS REDERI III v. TOTAL TRANSPORT CORPORATION (THE "SAGONA")
Charter-party (Time) - Bill of lading - Indemnity - Cargo delivered to receivers without protection of bill of lading - Vessel arrested - Owners suffered loss of earnings and other expenses - Whether owners entitled to be indemnified by charterers for such loss - Whether express or implied right to indemnity arose under charter.
[1984] 1 Lloyd's Rep. 194
HAGOP ARDAHALIAN v. UNIFERT INTERNATIONAL S.A. (THE "ELISSAR")
Arbitration - Award - Arbitrator - Misconduct - Arbitrator appeared to overlook agreement that issue to stand over - Whether interim award should be set aside or remitted - Whether arbitrator should be removed.
[1984] 1 Lloyd's Rep. 206
THE BEDFORD INSURANCE CO. LTD. v. INSTITUTIO DE RESSAGUROS DO BRASIL AND OTHERS
Reinsurance - Illegality - Ratification - Whether original contracts made without plaintiffs' ostensible authority - Whether contracts validly ratified - Whether plaintiffs had insurable interest on which to recover reinsurance - Whether contracts illegal by virtue of Insurance Companies Act, 1974 and 1981.
[1984] 1 Lloyd's Rep. 210
FRANKLIN MINT CORPORATION AND OTHERS v. TRANS WORLD AIRLINES INC.
Carriage by air - Limitation of liability - Warsaw Convention - Loss of cargo - Whether limitation provisions enforceable in United States Court - Unit of account to be used to convert judgments into U.S. dollars - Warsaw Convention arts. 18, 22 - United States.
[1984] 1 Lloyd's Rep. 220
GILL & DUFFUS S.A. v. BERGER & CO. INC.
Sale of goods (c.i.f.) - Non-acceptance - Buyers rejected goods tendered - Goods did not comply with contractual description - Whether certificate of quality and inspection conclusive - Whether buyers entitled to reject goods.
[1984] 1 Lloyd's Rep. 227
THE "VASSO" (formerly "ANDRIA")
Admiralty practice - Action in rem - Damage to cargo - Ad hoc arbitration agreement entered into - Vessel arrested - Security provided for release of vessel - Affidavit did not disclose arbitration in existence - Whether security should be discharged.
[1984] 1 Lloyd's Rep. 235
UNI-OCEAN LINES PTE. LTD. v. C-TRADE S.A. (THE "LUCILLE")
Charter-party (Time) - Safe port - Cancellation - Iran-Iraq war - Vessel ordered to proceed to Basrah - Whether charterers in breach of obligation to trade between safe ports - Whether charterers entitled to cancel charter.
[1984] 1 Lloyd's Rep. 244
BOLIVINTER OIL S.A. v. CHASE MANHATTAN BANK, COMMERCIAL BANK OF SYRIA AND GENERAL COMPANY OF HOMS REFINERY
Banking - Guarantee - Performance guarantee - Claims made under guarantees - Whether injunctions should be granted to prevent payment.
[1984] 1 Lloyd's Rep. 251
UBAF LTD. v. EUROPEAN AMERICAN BANKING CORPORATION (THE "PACIFIC COLOCOTRONIS" AND "ILLUSTRIOUS COLOCOTRONIS")
Banking - Representations - Loans made to companies - Companies defaulted - Whether representations untrue - Whether claim in negligence statute barred.
[1984] 1 Lloyd's Rep. 258
ASTRO EXITO NAVEGACION S.A. v. W. T. HSU (THE "MESSINIAKI TOLMI")
Sale of ship - Stay of action - Vessel sold to Taiwanese buyers - Buyers refused to accept vessel - Sellers alleged wrongful inducement and conspiracy by Taiwanese broker - Whether Court of Taiwan natural and proper forum for resolution of dispute - Whether part of general endorsement on writ should be struck out - Whether application for stay should be granted.
[1984] 1 Lloyd's Rep. 266
COLIN JAMES BALFOUR v. DAVID ANTHONY BEAUMONT SAME v. VERNON RAYMOND JUDGES SAME v. TUREGUM INSURANCE CO. LTD.
Insurance (Aviation) - Reinsurance - Slip policy - Indemnity - DC 10 airline crashed near Paris - Syndicate 619 paid out in respect of loss - Whether loss covered by reinsurance slip policy - Whether Syndicate 619 could recover under excess of loss reinsurance policy.
[1984] 1 Lloyd's Rep. 272
SANDERS LEAD CO. INC. v. ENTORES METAL BROKERS LTD.
Practice - Mareva injunction - Alleged creditor obtained injunction - Whether creditor should be allowed to intervene in an action with which he was not concerned.
[1984] 1 Lloyd's Rep. 276
COURT LINE LTD. v. AKTIEBOLAGET GOTAVERKEN (THE "HALCYON THE GREAT")
Arbitration - Interest - Whether claim for excess interest referred to arbitration - Whether claim assigned so reference to arbitration ineffective - Whether too later for arbitrator to make award.
[1984] 1 Lloyd's Rep. 283
ALSABAH MARITIME SERVICES CO. LTD. v. PHILIPPINE INTERNATIONAL SHIPPING CORPORATION
Agency - Commission - Shipowners fell behind with payments due to agents in Saudi Arabia - Agents claimed moneys due - Rate of exchange applicable-Whether interest could be recovered- Whether agents entitled to sums claimed.
[1984] 1 Lloyd's Rep. 291
RICHARD ADLER (T/A ARGO REDEREI) v. SOUTOS (HELLAS) MARITIME CORPORATION AND ANOTHER (THE "ARGO HELLAS")
Arbitration - Award - Performance of charter guaranteed by defendants - Difficulties in collection of hire - Incorporated agreement entered into - Dispute referred to arbitration - Award against charterers not honoured - Whether owners' cause of action merged with award - Whether owners could claim under guarantee - Whether owners trustees for commission due to charterers' brokers.
[1984] 1 Lloyd's Rep. 296
LA PINTADA COMPANIA NAVEGACION S.A. v. THE PRESIDENT OF INDIA (THE "LA PINTADA") (NO. 2)
Arbitration - Award - Interest - Charterers made an "open offer" - Owners eventually accepted offer - Umpire awarded interest on demurrage and freight - Whether umpire had power to award such interest - Whether compound interest could be awarded - Whether umpire considered effect of open offer - Whether umpire should be removed.
[1984] 1 Lloyd's Rep. 305
MICHAEL I. WARDE v. FEEDEX INTERNATIONAL INC.
Arbitration - Award - Further reasons - Sale of goods (c. & f.) - Arbitrators found in favour of buyers - Whether application for order that arbitrators should state further reasons should be granted - Arbitration Act, 1979, s. 1 (5).
[1984] 1 Lloyd's Rep. 310
MAYHEW FOODS LIMITED v. OVERSEAS CONTAINERS LTD.
Carriage by sea - Limitation of liability - Cargo arrived in deteriorated condition - Whether carriers could rely on contractual limitation - Whether Hague-Visby Rules applied - Carriage of Goods by Sea Act, 1971.
[1984] 1 Lloyd's Rep. 317
K. LOKUMAL & SONS (LONDON) LTD. v. LOTTE SHIPPING CO. PTE. LTD. (THE "AUGUST LEONHARDT")
Carriage by sea - Bill of lading - Limitation of time - Damage to cargoes - Whether extension of time had been granted - Whether defendant estopped from denying that extension granted - Whether claim time barred.
[1984] 1 Lloyd's Rep. 322
GODINA AND ANOTHER v. PATRICK OPERATIONS PTY. LTD.
Bill of lading - "Himalaya" clause - Proceedings brought against stevedore for damage caused to container - Whether proceedings begun within time - Whether stevedore could rely on protection given to carriers in bill of lading - Australia.
[1984] 1 Lloyd's Rep. 333
THE "ABIDIN DAVER"
Collision - Stay of action - Turkish owners brought action against Cuban owners in Turkish Courts - Cuban owners commenced action in England - Whether English action should be stayed - Whether Turkey a more natural forum.
[1984] 1 Lloyd's Rep. 339
AGIP S.p.A. v. NAVIGAZIONE ALTA ITALIA S.p.A. (THE "NAI GENOVA" AND "NAI SUPERBA")
Charter-party (Consecutive Voyage)-Rectification- Escalation clause - Unilateral mistake - Clause provided for a base figure in U.S. dollars to be increased by reference to Italian inflation - Whether plaintiffs aware that base figure expressed in U.S. dollars instead of Italian lire - Whether unilateral mistake - Whether clause should be rectified.
[1984] 1 Lloyd's Rep. 353
COSMAR COMPANIA NAVIERA S.A. v. TOTAL TRANSPORT CORPORATION (THE "ISABELLE")
Charter-party (Voyage) - Laytime - Shifting expenses - Whether laytime counted during period vessel waiting for berth - Whether charterers liable for expense of hiring tugboats to keep vessel in place at berth - Whether charterers liable for shifting expenses.
[1984] 1 Lloyd's Rep. 366
ALCOM LTD. v. THE REPUBLIC OF COLOMBIA AND OTHERS
Conflict of laws - Sovereign immunity - Sale of goods to foreign state - Judgment obtained against state - Whether states' London bank accounts could be garnisheed - State Immunity Act, 1978.
[1984] 1 Lloyd's Rep. 368
RHODIAN RIVER SHIPPING CO. S.A. AND RHODIAN SAILOR SHIPPING CO. S.A. v. HALLA MARITIME CORPORATION (THE "RHODIAN RIVER" AND "RHODIAN SAILOR")
Charter-party (Voyage) - Rectification - Brokers arranged fixture of vessel - Whether name of owners in charter could be rectified - Whether charter binding on company named in charter.
[1984] 1 Lloyd's Rep. 373
ETABLISSEMENT BIRET ET CIE S.A. v. YUKITERU KAIUN KK AND NISSUI SHIPPING CORPORATION (THE "SUN HAPPINESS")
Charter-party (Voyage) - Demurrage - Receivers paid half demurrage claim - Charter signed by plaintiffs - Whether plaintiffs agents for receivers - Whether plaintiffs liable for demurrage - Whether injunction restraining defendants from proceeding with arbitration should be granted.
[1984] 1 Lloyd's Rep. 381
D/S A/S IDAHO v. COLOSSUS MARITIME S.A. (THE "CONCORDIA FJORD")
Arbitration - Award - Safe port warranty - Vessel ordered to Beirut - Arbitrator found charterers in breach of safe port warranty - Whether arbitrator had erred in his decision.
[1984] 1 Lloyd's Rep. 385
MUTUAL SHIPPING CORPORATION v. BAYSHORE SHIPPING CO. (THE "MONTAN")
Arbitration - Award - Remission - Whether errors in award - Whether award could be corrected under s. 17 - Whether award should be remitted - Arbitration Act, 1950, s. 17.
[1984] 1 Lloyd's Rep. 389
BREMER HANDELSGESELLSCHAFT m.b.H. v. DEUTSCHE CONTI-HANDELSGESELLSCHAFT m.b.H.
Arbitration - Special case - Question of law - Special case stated for decision of Court - Whether question of law arose out of findings.
[1984] 1 Lloyd's Rep. 397
MARUBENI CORPORATION AND OTHERS v. WELSH OVERSEAS FREIGHTERS LTD. (THE "WELSH ENDEAVOUR")
Carriage by sea - Damage to cargo - Cargo discharged into trucks or lighters - Whether damage caused between loading and discharging - Extent of damage - Quantum of damage.
[1984] 1 Lloyd's Rep. 400
STEEL AUTHORITY OF INDIA LTD. v. HIND METALS INC. HIND METALS INC. v. SAIL INTERNATIONAL LTD. AND STEEL AUTHORITY OF INDIA LTD.
Arbitration - Award - Remission - Special case did not include general questions of law to enable all points of law to be argued - Whether contract of sale governed by English law - Whether award should be remitted.
[1984] 1 Lloyd's Rep. 405
LINDEN ALIMAK LTD. v. BRITISH ENGINE INSURANCE LTD., EAGLE STAR GROUP ENGINEERING INSURANCE LTD., CORNHILL INSURANCE CO. LTD. AND HOWARD DORIS LTD. (THIRD PARTY)
Insurance (Extraneous Damage) - Policy - Damage to crane - Whether crane insured under policy - Whether material change in risk - Whether loss attributable to extraneous cause - Whether all governmental and other regulations complied with - Whether assured could recover under the policy.
[1984] 1 Lloyd's Rep. 416
JOHNSON MATTHEY BANKERS LTD. v. THE STATE TRADING CORPORATION OF INDIA LTD.
Sale of goods (c. & f.) - Non-delivery - Export of silver banned - Whether force majeure clause and buyers' standard terms incorporated - Whether contracts frustrated - Whether buyers notified under force majeure clause - Whether buyers entitled to damages.
[1984] 1 Lloyd's Rep. 427
BERGERCO U.S.A. v. VEGOIL LTD.
Sale of goods (c. & f.) - Rejection - Vessel deviated from direct route - Buyers rejected goods and claimed refund - Whether buyers entitled to reject goods - Whether buyers had waived their right to reject.
[1984] 1 Lloyd's Rep. 440
DEUTSCHE CONTI-HANDELSGESELLSCHAFT m.b.H. v. BREMER HANDELSGESELLSCHAFT m.b.H.
Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Sellers failed to deliver - Whether sellers had made out a defence under the prohibition clause - GAFTA 100.
[1984] 1 Lloyd's Rep. 447
WILLIAMS & GLYN'S BANK PLC. v. ASTRO DINAMICO COMPANIA NAVIERA S.A. AND GEORGIAN SHIPPING ENTERPRISES S.A.
Practice - Stay of action - Jurisdiction - Guarantee - Bank claimed under guarantee - Defendants commenced action in Greece - Whether English Court had jurisdiction to hear case - Whether action should be stayed - Whether application to stay proceedings should be heard first.
[1984] 1 Lloyd's Rep. 453
GOVERNMENT OF THE STATE OF KUWAIT v. SIR FREDERICK SNOW & PARTNERS AND OTHERS
Arbitration - Award - Enforcement - Award in favour of plaintiffs made in Kuwait - Whether award a Convention award - Whether award could be enforced - Arbitration Act, 1975, ss. 1, 7 (1).
[1984] 1 Lloyd's Rep. 458
SAMICK LINES CO. LTD. v. OWNERS OF THE SHIP "ANTONIS P. LEMOS" (THE "ANTONIS P. LEMOS")
Admiralty practice - Action in rem - Warrant of arrest - Application to set aside warrant and writ - Whether action lay outside jurisdiction of High Court - Whether application should be granted.
[1984] 1 Lloyd's Rep. 464
PACLANTIC FINANCING CO. INC. AND OTHERS v. MOSCOW NARODNY BANK LTD.
Practice - Banking - Summary judgment - Bank sought to recover loans made to plaintiffs - Whether triable issues raised on affidavits - Whether bank entitled to summary judgment - Whether plaintiffs had arguable defence - R.S.C., O. 14.
[1984] 1 Lloyd's Rep. 469
CONTAINER TRANSPORT INTERNATIONAL INC. AND RELIANCE GROUP INC. v. OCEANUS MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD.
Insurance (Marine) - Container insurance - Allegations of non-disclosure and misrepresentation - Insurers declined to pay claims - Whether insurers could avoid policy.
[1984] 1 Lloyd's Rep. 476
BULK OIL (ZUG) A.G. v. SUN INTERNATIONAL LTD. AND SUN OIL TRADING CO. (NO. 2)
Arbitration - Award - Remission - Misconduct - Whether arbitrator guilty of technical misconduct - Whether arbitrator erred in law - Whether leave to appeal should be granted - Whether further reasons should be stated - Measure of damage - Whether reference to Court of Justice should be granted.
[1984] 1 Lloyd's Rep. 531
TAI HING COTTON MILL LTD. v. LIU CHONG HING BANK LTD. AND OTHERS
Banking - Duty of care - Forged cheques - Extent of duty owed by customer to bank - True effect of bank's rules for current accounts - Whether bank entitled to debit forged cheques to customers account.
[1984] 1 Lloyd's Rep. 555
ATLANTIC LINES & NAVIGATION CO. INC. v. DIDYMI CORPORATION AND LEON CORPORATION ("THE DIDYMI" AND "LEON")
Charter-party (Time) - Redelivery - Option to narrow redelivery period - Charterers exercised option late - Whether option validly exercised - Whether charter took effect as one for five years precisely.
[1984] 1 Lloyd's Rep. 583
SEVEN SEAS TRANSPORTATION LTD. v. PACIFICO UNION MARINA CORPORATION (THE "SATYA KAILASH" AND "OCEANIC AMITY")
Carriage by sea - Charter-party (Time) - Lightening operation at port in India - Damage caused to lightened vessel by lightening vessel - Negligent navigation - Whether United States Carriage of Goods by Sea Act incorporated in charter - Whether effect confined to voyages to and from United States ports - Whether owners exempt from liability to charterers for damage caused to vessel - United States Carriage of Goods by Sea Act, 1936 s. 4 (2).
[1984] 1 Lloyd's Rep. 588
METALL UND ROHSTOFF A.G. v. ACLI METALS (LONDON) LTD.
Practice - Multiple proceedings - Injunction - Proceedings commenced in England and New York - Whether injunction restraining proceedings in New York should be granted - Whether fact that English proceedings might be heard first to be taken into account in exercise of discretion.
[1984] 1 Lloyd's Rep. 598
GEBRUDER METELMANN G.m.b.H. & CO. K.G. v. N.B.R. (LONDON) LTD.
Sale of goods (f.o.b.) - Quantum of damages - Defendants liable for wrongful repudiation of contract - Damages assessed upon difference between contract price and market price on last trading day of contract - Whether such assessment true measure of damage.
[1984] 1 Lloyd's Rep. 614
ALFRED C. TOEPFER SCHIFFAHRTSGESELLSCHAFT G.m.b.H. v. TOSSA MARINE CO. LTD. TOSSA MARINE CO. LTD. v. ALFRED C. TOEPFER SCHIFFAHRTSGESELLSCHAFT G.m.b.H. (THE "DERBY")
Charter-party (Time) - Liability - Damages - Vessel's crew and officers Filipinos - I.T.F. stopped discharge of vessel - Whether vessel "fitted for service" - Whether owners in breach of charter - Whether charterers' losses on sub-charter to be taken into account on assessment of damages.
[1984] 1 Lloyd's Rep. 635
AURORA BOREALIS COMPANIA ARMADORA S.A. AND BUENAMAR COMPANIA NAVIERA S.A. v. MARINE MIDLAND BANK N.A. (THE "MAISTROS")
Charter-party (Time)-Hire-Letter of undertaking given by bank - Owners claimed under letter of undertaking-Whether sums claimed charter hire- Whether charterers' liability for hire could be set off against owners' liability for bunkers on redelivery.
[1984] 1 Lloyd's Rep. 646
CIA MARITIMA ZORROZA S.A. v. SESOSTRIS S.A.E. (THE "MARQUES DE BOLARQUE")
Charter-party (Time) - Arbitration clause - Charter governed by Spanish law - Whether arbitration clause valid under Spanish law - Whether injunction restraining charterers from proceeding with arbitration should be granted.
[1984] 1 Lloyd's Rep. 652
GLAFKI SHIPPING CO. S.A. v. PINIOS SHIPPING CO. NO. 1 (THE "MAIRA") (NO. 2)
Arbitration - Award - Remission - Errors of law - Obligation to insure mortgaged vessel - Arbitrators stated award in form of special case - Whether award should be remitted or set aside for errors of law - Valuation of mortgaged vessel - Whether overvalue illegal.
[1984] 1 Lloyd's Rep. 660
STINNES INTEROIL G.m.b.H. v. A. HALCOUSSIS & CO. (THE "YANXILAS") NO. 2)
Arbitration - Award - Charter-party - Incorrect dimensions of vessel given to refinery - Vessel delayed in loading - Vessel loaded through one manifold only - Whether owners/charterers in breach - Whether owners/charterers entitled to damages - Whether damages too remote to be recoverable.
[1984] 1 Lloyd's Rep. 676
BUNGE A.G. v. SESOSTRAD S.A. (THE "ALKEOS C")
Sale of goods (f.o.b.) - Carrying charges - Special term agreed regarding carrying charges - Whether term complied with - Whether sellers could retain carrying charges paid by buyers.
[1984] 1 Lloyd's Rep. 687
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