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THE "JAG DHIR" AND "JAG SHAKTI"

Carriage by sea - Damages - Assessment - Non-delivery of cargo of salt - Whether damages awarded too high or too low - Whether proper measure of damages recoverable the full market value or total amount expended in financing purchase of salt.

[1986] 1 Lloyd's Rep. 1

CONTINENTAL REINSURANCE CORPORATION (U.K.) LTD. v. PINE TOP INSURANCE LTD.

Practice - Documents - Reinsurance - Subpoena duces tecum and subpoena ad testificandum served by defendants on Department of Trade and official requiring production of documents - Whether documents ought to be ordered to be produced - Whether official should give evidence - Whether Department and official could claim immunity in public interest.

[1986] 1 Lloyd's Rep. 8

S. L. SETHIA LINERS LTD. v. STATE TRADING CORPORATION OF INDIA LTD.

Practice - Sale of goods (f.o.b.) - Summary judgment - Stay of action - Claim for demurrage - Whether an arguable dispute between parties - Whether leave to defend should be given - Whether action should be stayed - Arbitration Act, 1975, s. 1.

[1986] 1 Lloyd's Rep. 31

REDERIJ LALEMANT v. TRANSPORTES GENERALES NAVIGACION S.A. (THE "MARIA LEMOS")

Arbitration - Award - Jurisdiction - Dispute as to demurrage - Whether appointment of arbitrators only concerned with existing dispute - Whether extended to issue whether vessel on demurrage at discharging port - Whether charterers waived any rights to object to jurisdiction of arbitrators.

[1986] 1 Lloyd's Rep. 45

FLOATING DOCK LTD. v. THE HONGKONG AND SHANGHAI BANKING CORPORATION

Banking - Letters of Credit - Sale of sections of floating dock - Bank refused to pay relying upon discrepancies which involved breaches of terms of the credits - Whether bank had previously agreed to pay against documents as presented - Whether bank estopped from denying that documents presented were in order.

[1986] 1 Lloyd's Rep. 65

INTERNATIONAL MINERALS & CHEMICAL CORPORATION v. KARL O. HELM A.G. AND ANOTHER

Contract - Construction - Sale of subsidiary - Currency - Whether words "all foreign currency assets and liabilities" should be read as covering inventory - Plaintiffs alleged failure to make timeous payment caused exchange loss because of fall in value of Belgian franc in terms of U.S. dollar - Whether loss recoverable.

[1986] 1 Lloyd's Rep. 81

THE "GORING"

Salvage - Remuneration - Vessel salved in non-tidal waters - Salvors claimed reward - Whether Court had jurisdiction to award salvage - Whether writ should be set aside.

[1986] 1 Lloyd's Rep. 127

THE "LUSITANIA"

Admiralty practice - Salvage - Unclaimed wreck - Title to contents of wreck - Whether vessel derelict - Whether contents "wreck" - Whether claimants entitled to possession of wreck found outside territorial waters - Merchant Shipping Act, 1894 - Merchant Shipping Act, 1854.

[1986] 1 Lloyd's Rep. 132

NAVIERA MULTINACIONAL DEL CARIBE S.A. v. SPARTI COMPANIA NAVIERA S.A. (THE "TRANSWORLD SAILOR")

Charter-party (Time) - Indemnity - Claims advanced against charterers by bill of lading holders for alleged damage to cargo - Negotiations between charterers and owners' P. and I. club - Club of view owners' responsible for cargo claims and proposed claims to be handled in New York - Whether binding settlement agreed - Whether owners agreed to indemnify charterers in respect of cargo claims.

[1986] 1 Lloyd's Rep. 151

RAYMOND BURKE MOTORS LTD. v. THE MERSEY DOCKS AND HARBOUR CO.

Bill of lading - Himalaya clause - Goods damaged while in container park - Operators of dock admitted damage caused by employee's negligence - Whether operators entitled to benefit of Himalaya clause in bill of lading.

[1986] 1 Lloyd's Rep. 155

MINISTRY OF FOOD GOVERNMENT OF BANGLADESH v. BENGAL LINER LTD. (THE "BENGAL PRIDE")

Arbitration - Arbitrator - Appointment - Charterers failed to appoint their arbitrator within time given by owners - Owners' arbitrator appointed as sole arbitrator - Whether appointment premature - Whether award made without jurisdiction and not binding upon the parties - Arbitration Act, 1950, s. 7 (b).

[1986] 1 Lloyd's Rep. 167

KRUPP HANDEL G.m.b.H. v. INTERMARE TRANSPORT G.m.b.H. (THE "ELBE ORE")

Arbitration - Sealed open offer - Disputes as to responsibility for collision and correctness of deductions referred to arbitration - Sealed open offer made by charterers in course of arbitration proceedings - Whether owners accepted offer in settlement of entire claim - Whether offer had lapsed and incapable of acceptance.

[1986] 1 Lloyd's Rep. 176

FOOD CORPORATION OF INDIA v. ANTCLIZO SHIPPING CORPORATION (THE "ANTCLIZO")

Arbitration - Injunction - Delay in prosecution - Disputes on laytime demurrage and despatch referred to arbitration - No communication between parties for about eight years - Arbitrators closed their files - Whether arbitration agreement abandoned by mutual consent - Whether injunction restraining defendants from proceeding with arbitration should be granted.

[1986] 1 Lloyd's Rep. 181

C. CZARNIKOW LTD. AND OTHERS v. PARTENREDEERI MS JUNO (THE "JUNO")

Carriage by sea - Short delivery - Title to sue - Plaintiffs claimed short landing of cargo - Whether plaintiffs had title to sue - Extent of short landing - Sound market value of sugar - Whether plaintiffs entitled to damages for short landing.

[1986] 1 Lloyd's Rep. 190

THE "AEGIS BLAZE"

Practice - Procedure - Privileged document - Carriage by sea - Damage to cargo - Survey report prepared on behalf of owners - Further cargo damaged on another voyage - Whether cargo-owners entitled to inspect report - Whether owners entitled to claim privilege in respect of it.

[1986] 1 Lloyd's Rep. 203

HISPANICA DE PETROLEOS S.A. AND COMPANIA IBERICA REFINADERA DE PETROLEOS S.A. v. VENCEDORA OCEANICA NAVEGACION S.A. (THE "KAPETAN MARKOS N.L.")

Practice - Application to strike out - Carriage of goods by sea - Explosion on vessel - Salvage services rendered - Plaintiffs claimed indemnity against liability for salvage and damages for breach of duty of care - Whether good arguable case - Whether leave to amend points of claim should be granted - Whether defendants entitled to revoke or have set aside submissions to jurisdiction - Whether points of claim should be struck out.

[1986] 1 Lloyd's Rep. 211

HAWKE BAY SHIPPING CO. LTD. AND OTHERS v. THE FIRST NATIONAL BANK OF CHICAGO (THE "EFTHIMIS", "PAVLINA", "TITIKA P" AND "JUVENA")

Practice - Stay of action - Jurisdiction - Bank entered into loan agreement with first four plaintiffs guaranteed by fifth and sixth plaintiffs - Vessels mortgaged as security - Non-compliance with terms of loan - Bank demanded repayment - Whether action an abuse of process of Court - Whether action should have been brought in Greece - Whether action should be stayed.

[1986] 1 Lloyd's Rep. 244

THE "SAUDI CROWN"

Bill of lading - Misrepresentation - Plaintiffs unaware bill of lading incorrectly dated - Plaintiffs took up and paid for goods - Whether agents authorized to insert date of issue on bill of lading - Whether plaintiffs entitled to claim damages.

[1986] 1 Lloyd's Rep. 261

THE "FREIGHTLINE ONE"

Admiralty practice - Sale of ship pendente lite - Port authority claimed pre-arrest charges - Whether port authority entitled to the amount claimed.

[1986] 1 Lloyd's Rep. 266

S.C.F. FINANCE CO. LTD. v. KHALIL SAID MASRI AND MRS. INA'AM MASRI

Banking - Commodity futures - Defendants incurred financial losses - Plaintiffs claimed reimbursement - Whether plaintiffs in breach of duty - Whether contract governed by Jordanian law - Whether plaintiffs carrying on deposit taking business - Whether plaintiffs in contravention of s. 1 (2) of Banking Act, 1979.

[1986] 1 Lloyd's Rep. 293

LOCABAIL INTERNATIONAL FINANCE LTD. v. AGROEXPORT AND ATLANTA (U.K.) LTD. (THE "SEA HAWK")

Practice - Mandatory injunction - Shipowners in financial difficulties - Loan made by third party - Cargo-owners and mortgagees agreed not to arrest vessel - Non-payment of loan instalments - Third party arrested vessel - Whether mortgagees entitled to mandatory injunction requiring cargo-owners to pay to third party sum owed under loan.

[1986] 1 Lloyd's Rep. 317

GILL & DUFUS S.A. v. SOCIETE POUR L'EXPORTATION DES SUCRES S.A.

Sale of goods (f.o.b.) - Repudiation - Sellers failed to nominate loading port by "at latest" date - Whether "at latest" constituted an express stipulation - Buyers refused to accept late nomination - Whether conduct amounted to repudiation.

[1986] 1 Lloyd's Rep. 322

FORESTAL MIMOSA LTD. v. ORIENTAL CREDIT LTD.

Banking - Irrevocable letter of credit - Defendants confirmed letter of credit - Whether Uniform Customs and Practice for Documentary Credits terms incorporated - Whether plaintiffs entitled to declaration that defendants responsible for acceptance and payment at maturity.

[1986] 1 Lloyd's Rep. 329

BANQUE KEYSER ULLMANN S.A. AND OTHERS v. SKANDIA (UK) INSURANCE CO. LTD. AND OTHERS

Practice - Privilege - Bank made loans to borrowers - Gemstones accompanied by professional valuations lodged with bank - Borrowers took out insurance policies to cover loan - Banks claimed under policies - Insurers alleged policies obtained by fraud - Whether correspondence between banks and their laywers privileged.

[1986] 1 Lloyd's Rep. 336

POLARIS STEAMSHIP CO. S.A. v. A. TARRICONF INC. (THE "NEFELI")

Charter-party (Time) - Repudiation - Indemnity - Charterers repudiated charter - Whether defendant had agreed to guarantee performance of charter - Whether broker had actual or ostensible authority to agree that defendant should guarantee performance of charter - Whether plaintiffs could rely on guarantee.

[1986] 1 Lloyd's Rep. 339

THE "SAUDI PRINCE" (NO. 2)

Carriage by sea - Bill of lading - Non-delivery and damage to cargo - Whether owners liable under Italian law - Whether owners could rely on Hague Rules - Whether owners liable for incompetence of stevedores - Quantum.

[1986] 1 Lloyd's Rep. 347

COURTAULDS PLC. AND COURTAULDS (BELGIUM) S.A. v. LISSENDEN AND OTHERS

Insurance (Contingency) - Banking - Abstraction of moneys - Underwriters paid out for losses in respect of forgery and fabrication - Whether plaintiffs could claim additional losses in respect of loss of use of such moneys and extra bank overdraft interest.

[1986] 1 Lloyd's Rep. 368

GRANARIA B.V. v. LEIEVOEDERS N.V.

Sale of goods (c.i.f.) - Appropriation - Limitation of time - Non-business day clause - Sellers gave notice of appropriation to buyers - Buyers rejected notice as out of time - Whether non-business day clause applicable - Whether notice given within time limit.

[1986] 1 Lloyd's Rep. 373

THE "DAIEN MARU No. 18"

Admiralty practice - Arrest of vessel - Plaintiffs obtained final judgment against defendants - Plaintiffs arrested vessel - Whether right of arrest lost - Whether plaintiffs' cause of action merged in judgment - Whether application for release of vessel should be granted - Singapore.

[1986] 1 Lloyd's Rep. 387

POCLAIN S.A. AND ANOTHER v. S.C.A.C. S.A. AND OTHERS

Carriage by road - C.M.R. - Limitation of time - Excavator being transported from France to England - Excavator damaged - Carriers' insurers informed of accident - Whether insurers authorized to receive written claim on behalf of carriers - Whether period of limitation suspended - C.M.R. art. 32 (2).

[1986] 1 Lloyd's Rep. 404

THE "GOLDEN MISTRAL"

Collision - Crossing vessels - Bad lookout - Collision off Singapore - Whether vessels should have seen each other much earlier - Liability for collision - Apportionment.

[1986] 1 Lloyd's Rep. 407

THE "CORAL ISIS"

Stay of action - Collision - Plaintiffs' and defendants' vessel in collision in international waters off Denmark - Defendants took out a writ in Court in Holland - Plaintiffs issued a writ out of the English Admiralty Registry - Whether justice between parties would be done if action in England stayed - Whether defendants' application should be granted.

[1986] 1 Lloyd's Rep. 413

THE "DERBYSHIRE"

Admiralty practice - Personal injury - Vessel sank with loss of all hands - Plaintiffs claimed damages on behalf of deceased third engineer's estate - Plaintiffs alleged construction of vessel defective - Whether vessel "equipment" provided by defendants - Whether defendants liable - Employer's Liability (Defective Equipment) Act, 1969, s. 1.

[1986] 1 Lloyd's Rep. 418

ELENA SHIPPING LTD. v. AIDENFIELD LTD. (THE "ELENA")

Charter-party (Voyage) - Freight - Owners failed to make available full extent of agreed cargo spaces - Charterers withheld part of freight - Owners applied for summary judgment - Whether charterers entitled to equitable set off - Whether charterers entitled to unconditional leave to defend.

[1986] 1 Lloyd's Rep. 425

COASTAL STATES TRADING (U.K.) LTD. v. MEBRO MINERALOEL-HANDELSGESELLSCHAFT G.m.b.H.

Practice - Interest - Arbitrators published award in favour of plaintiffs - Defendants paid award but not interest - Plaintiffs applied to enforce award in same manner as judgment - Whether Court had power to award simple interest on sum claimed - Arbitration Act, 1950, s. 26 - Supreme Court Act, 1981, s. 35A.

[1986] 1 Lloyd's Rep. 465

JOHNS AND OTHERS v. KELLY AND OTHERS

Insurance (Professional Indemnity) - Insurance brokers - Misrepresentation - Non-disclosure - Umbrella arrangement between Lloyd's broker and non-Lloyd's broker - Non-Lloyd's broker described as independent concern - Whether misrepresentation - Whether Lloyd's brokers' loss fell within the policy - Whether existence of umbrella arrangement should have been disclosed - Whether insurers entitled to deny liability.

[1986] 1 Lloyd's Rep. 468

THE "ANDERS MAERSK"

Carriage by sea - Through bill of lading - Limitation of liability - Goods transhipped at Hong Kong - Damage to goods - Whether carrier could limit liability - Whether Hague Visby Rules applicable to transhipment - United States Carriage of Goods by Sea Act, 1936 - Carriage of Goods by Sea (Hong Kong) Order 1508 of 1980 - Hague Visby Rules - Hong Kong.

[1986] 1 Lloyd's Rep. 483

SPRIGGS v. SOTHEBY PARKE BERNET & CO.

Contract - Exclusion clause - Sale by auction - Diamond stolen before auction - Whether system employed for viewing jewellery a reasonably safe system - Whether auctioneers took reasonable care - Whether auctioneers could rely on exclusion clause - Whether auctioneers liable for loss of diamond.

[1986] 1 Lloyd's Rep. 487

THE ESTATE OF THE DECEASED SHIPOWNER ANDERS JAHRE v. THE GOVERNMENT OF THE STATE OF NORWAY

Practice - Letters of request - Disputed assessment for tax on estate of deceased shipowner - State of Norway applied for examination of witnesses - Whether Norwegian proceedings "civil proceedings" - Whether compliance with letters of request contrary to public policy - Whether prejudicial to U.K. Sovereignty - Whether jurisdiction of U.K. infringed - Whether terms of letter too wide - Whether witnesses would be in breach of duty of confidentiality - Evidence (Proceedings in Other Jurisdictions) Act, 1975.

[1986] 1 Lloyd's Rep. 496

THE "FRANK PAIS"

Admiralty practice - Stay of action - Bill of lading - Exclusive jurisdiction clause - Short delivery and damage to cargo - Action brought in England - Whether action should have been brought in Cuba - Whether Cuba more convenient forum - Whether English action should be stayed.

[1986] 1 Lloyd's Rep. 529

MATTHEW ERNEST MARTIN PILMORE v. NORTHERN TRAWLERS LTD.

Limitation of time - Personal injury - Allegations that plaintiff suffered personal injury in course of employment with defendants - Action brought more than three years later - Plaiutiff's claim time barred - Whether provisions of s. 11 of the Limitation Act, 1980 should not be applied - Limitation Act, 1980, ss. 11, 14, 33 (1), (3).

[1986] 1 Lloyd's Rep. 552