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.
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.
Practice - Security for costs - Third party application - Whether Court had jurisdiction to order plaintiffs to give security for costs of third party - Whether as a matter of discretion security should be ordered - R.S.C., O. 23.
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.
Charter-party (Time) - Hire - Claim for balance of hire referred to arbitration - Identity of charterer - Whether owners had entered into charter-party with plaintiff - Whether plaintiff entitled to injunction restraining owners from prosecuting arbitration proceedings.
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.
Carriage by road - CMR - Carriers - Damage to goods - Whether third defendants contracted to carry goods - Whether acting as plaintiffs' agent or as principal - Whether third defendants carriers within meaning of word as used in CMR - CMR art. 27.
Carriage by road - C.M.R. - Limitation of time - Carriers - Damage to goods caused when vehicle came off road - Whether driver guilty of wilful misconduct - Whether plaintiffs' claim out of time - Whether first defendants carriers - C.M.R. arts. 17 (2), 32 (1), (2).
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.
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.
Arbitration - Award - Costs - Owners in head charter and charterers in sub-arbitration applied for remission of awards - Remission refused - Owners ordered to pay costs and charterers' costs in sub-arbitration - Whether Judge entitled to make such order.
Charter-party (Time) - Speed and consumption warranty - Measure of damages - Charterers alleged owners in breach of warranty - Effect of "about" in relation to speed figure - Proper method of establishing "average" consumption - Assessment of damages.
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.
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.
Arbitration - Arbitrator - Appointment - Limitation of time - Arbitrator appointed out of time - Board of Appeal held time bar applicable and refused to extend time - Whether Court had jurisdiction to extend time.
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).
Arbitration - Award - Burden of proof - Owners alleged non-performance - Whether vessel could have commenced loading by cancelling date - Whether onus of proof on owners - Whether charterers entitled to cancel charter.
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.
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.
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.
Insurance (Marine) - Insurance brokers - Insurance placed by brokers inter alia on Italian market through Italian company - Vessel suffered engine damage - Claim made against Italian underwriters - Whether Italian company acting as sub-brokers or as agents of Italian underwriters - Whether plaintiffs could recover from brokers.
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.
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.
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.
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.
Carriage by sea - Limitation of time - Damage to cargo - Three parcels of maize loaded - Plaintiffs issued writ in time in respect of one parcel - Whether balance of plaintiffs' claim time barred - Extent of damage to cargo - Quantum.
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.
Banking - Letter of credit - Bill of lading - Issuing bank alleged bill of lading did not comply with terms of letter of credit - Whether issuing bank entitled to refuse payment - Uniform Customs and Practice for Documentary Credits (1974) art. 20 (b).
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.
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.
Practice - Interest - Reinsurance - Plaintiff claimed under reinsurance policies - Defendants paid in full settlement of plaintiff's claim - Plaintiff claimed interest - Whether Court had power to give judgment for interest only.
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.
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.
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.
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.
Contract - Commodity futures - Closing out - Plaintiffs closed defendants' position - Whether plaintiffs made express or implied promise to close position on Feb. 24 - Whether plaintiffs bound to close defendants' position on Feb. 24 - Whether plaintiffs entitled to claim balance of losses on defendants' account.
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.
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.
Sale of goods (c. & f.) - Contract - Validity - Negotiations between plaintiffs and defendants - Defendants issued letter of intent - Whether letter of intent had contractual significance - Whether defendants liable for breach.
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.
Arbitration - Award - Reasons - Dispute as to sale of ship - Arbitrators made final interim award - Sellers wished to appeal against award - Whether arbitrators should be ordered to state further reasons - Arbitration Act, 1979, s. 1 (5), (6).
Arbitration - Arbitrator - Appointment - Sellers declared buyers in default - Buyers advised sellers of name of their arbitrator - No further contact between buyers and their arbitrator - Whether buyers' arbitrator validly appointed.
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).
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.
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.
Charter-party (Time) - Alleged stevedore damage - Charter provided for charterers to discharge cargo - Owners alleged vessel sustained stevedore damage at Guizan and Port Sudan - Whether charterers' duty modified by words "and responsibility" in cl. 8 - Whether charterers liable for alleged stevedore damage.
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.
Charter-party (Voyage) - Freight - Interest - Owners claimed balance of freight from sub-charterers - Whether sub-charterers entitled to set off overtime costs against balance of freight - Whether owners entitled to claim interest.
Arbitration - Award - Reasons - Arbitrators not asked to give reasons - Whether special reasons why no request made - Whether arbitrators could be ordered to state further reasons - Arbitration Act, 1979, s. 1 (5), (6).
Towage - Deviation - Floating crane being towed from Japan to Alexandria - Towing seaworthy survey - Whether change of surveyors agreed - Tug deviated to avoid typhoon - Damage caused to sea-fastening of crane - Whether tug-owners could claim for extra steaming time - Whether tug-owners liable for damage to sea-fastening.
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.
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.
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.
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.
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.
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.
Arbitration - Award - Sale of goods (f.o.b.) - Construction - Extent to which board upheld umpire's conclusions - Whether certificate of weight and quality final - Whether FOSFA time limit applied to claim.
Contract - Sale of ship - Shipowners brought action against inter alia shipbuilders claiming commission on three ship sales - Negotiations to settle action - Whether binding contract of settlement concluded.
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).
Sale of goods (f.o.b.) - Non-payment - Nine shipments of Egyptian potatoes - Settlement agreement to resolve disputes - Effect of Egyptian government regulation on parties rights under settlement agreement - Whether agreement frustrated - Whether parties' former rights revived - Whether plaintiffs entitled to recover price of shipments.
 1 Lloyd's Rep. 555
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