Carriage by sea - Frustration - Cancellation - Defendants agreed to transport plaintiffs’ drilling rig by one of two transportation units - One unit sank - Defendants refused to use other unit to transport rig - Extra losses and expenses incurred - Whether loss of unit caused by defendants’ negligence - Whether contract frustrated - Whether self-induced - Whether defendants entitled to cancel contract.
Bills of exchange - Guarantee - Contract for construction of cold stores in Iran - Payment to be by accepted drafts in Deutsche Marks - Defendant signed back of each draft - Words “bon pour aval pour les tires” added above defendant’s signature - Drafts dishonoured - Whether defendant guaranteed drafts - Whether defendant liable.
Practice - Stay of action - Banking - Allegation of fraudulent conspiracy - Defendants instituted proceedings in Switzerland - Plaintiffs claimed declaration of non-liability in English proceedings - Whether England a more appropriate forum - Whether action should be stayed.
Admiralty practice - Jurisdiction - Short delivery - Defendants refused to permit plaintiffs’ surveyor to board vessel to inspect and take samples - Plaintiffs’ ex parte application granted by Admiralty Registrar - Whether Registrar had jurisdiction to make order.
Carriage by sea - Unseaworthiness - Due diligence - Vessel sustained major engine breakdown - Cargo-owners incurred salvage expenditure - Whether recoverable from owners - Whether owners exercised due diligence to make vessel seaworthy - Hague-Visby Rules, art. IV, r. 1.
Carriage by sea - Unseaworthiness - Due diligence - Vessel stranded in Orinoco river - Whether stranding caused by unseaworthiness - Whether pilot failed to give proper helm orders - Whether owners exercised due diligence to make vessel seaworthy - Whether plaintiffs entitled to recover costs incurred as a result of stranding of vessel.
Arbitration - Award - Measure of damages - Vessel sold without spare propeller - Arbitrator awarded buyer scrap value of spare propeller - Whether arbitrator had erred in assessment of damages - Measure of damages to be adopted - Sale of Goods Act, 1979 ss. 51, 53.
Arbitration - Stay of action - Plaintiffs sought rectification of confirmation note - Whether claim for rectification matter agreed to be referred to arbitration - Whether defendants entitled to stay of action - Arbitration Act 1975, s. 1.
Insurance (Errors and Omissions) - Negligence - Breach of duty - Claimants alleged defendants failed to exercise due skill and care in effecting E & O insurance on behalf of insurance broker - Whether claimants could recover foreseeable loss - Whether defendants owed claimants duty of care.
Banking - Guarantee - Creditor held shares as security for moneys advanced to debtor - Creditor demanded payment under guarantee - Surety alleged shares worthless - Whether creditor owed surety a duty of care to exercise power of sale.
Arbitration - Leave to appeal - Dispute on construction contract referred to arbitration - Plaintiff claimants issued summons for leave to appeal in Commercial Court - Court order that summons to be transferred to Official Referee’s Court - Whether transfer ultra vires - Whether summons should be relisted in Commercial Court.
Practice - Mareva injunction - Plaintiffs claimed first defendants unlawfully diverted moneys placed with plaintiffs by Government of Dubai - Plaintiffs applied ex parte for Mareva injunction with ancillary orders for disclosure of assets - Allegation of non-disclosure of important material facts - Whether injunction should be discharged - Whether discretion of Court properly exercised. Practice - Disclosure of documents - Fourth defendants in liquidation - Whether liquidators authorized to permit plaintiffs to inspect or take copies of without prejudice correspondence - Whether such documents privileged.
Insurance (Marine) - Institute Time Clauses Hulls-Port Risks - Construction - Linkspan insured under standard policy incorporating ITCHPR - Linkspan capsized causing damage - Whether liability of insurers arose from assured’s proprietary or operational interest in the linkspan.
Limitation of time - Collision - Damage caused to plaintiffs’ vessel - Defendants admitted liability - Negotiations about cost of repairs - Plaintiffs allowed time for issuing writ to pass because of oversight - Application for extension of time - Whether Court should exercise its discretion to extend time - Maritime Conventions Act, 1911 s. 8.
Arbitration - Arbitrator - Jurisdiction - Dispute between charterers and owners referred to arbitration - Charterers claimed right of set off - Arbitrator in interim award ordered charterers to pay admitted sum - Whether arbitrator had jurisdiction to make order for discovery in charterers’ claim conditional on payment due under award - Whether Court had power to make such order - Arbitration Act, 1950 s. 12 - R.S.C., O. 24, r. 3.
Arbitration - Injunction - Short delivery - Dispute referred to arbitration - Cargo interests applied to include claim in conversion - Whether claim within scope of arbitration clause and submission to arbitration - Whether injunction restraining steps in pending arbitration should be granted - Arbitration Act 1950 ss. 1, 25(2)(b)
Agency - Secret payments - Agent acting for plaintiffs in negotiation of shipbuilding contracts with defendants - Plaintiffs alleged defendants made secret payments to agent - Whether payments by way of brokerage or in respect of design royalties and sales promotion - Whether plaintiffs entitled to recover moneys so paid.
Practice - Application to set aside - Jurisdiction - Claims by both parties in respect of purchase and sales of North Sea crude oil - Pending proceedings issued by defendants in Germany - Plaintiffs commenced English proceedings - Whether German Court first seized of proceedings - Whether English action should be stayed - Whether English Court bound to decline jurisdiction - Convention on Jurisdiction and Enforcement of judgments in Civil and Commercial matters, arts. 17, 21 and 22 - Civil Jurisdiction and Judgments Act, 1982 - R.S.C., O. 11, O. 12(8).
Reinsurance - Indemnity - Retrocession - Contractors All Risks insurance - Defendants retrocessionaires in respect of construction contracts - Plaintiff reinsurers settled claims - Degree of risk accepted by defendants - Whether plaintiffs entitled to indemnity - Hong Kong.
Practice - Interest - Total loss of vessel - Vessel under-insured - Bank mortgagees obtained judgment plus interest - Whether bank entitled to compound interest - Whether bank under duty to ensure vessel not under-insured.
Charter-party (Voyage) - Arbitration clause - Parties intended proper law to be English - Charter incorporated Australian Sea-Carriage of Goods Act, 1924 - Whether arbitration clause void - Whether parties entered into ad hoc agreement to refer disputes to arbitration in London - Whether estoppel by convention could be relied on.
Practice - Application to set aside - Claim for alleged short delivery - Service out of jurisdiction - Whether plaintiffs had good arguable case - Whether plaintiffs party to contract - Whether plaintiffs failed to make proper disclosure - Whether application to set aside concurrent writ should be granted.
Bill of Lading contract - With whom made - f.o.b. sellers as shippers - c.i.f. buyers as consignees. Implied contract - Brandt v. Liverpool - Whether renders consignee liable for dangerous character of cargo. Bills of Lading Act, 1855 - Whether renders consignee liable for dangerous character of cargo. Dangerous cargo - Common law warranty - Whether absolute or qualified. Dangerous cargo - Contract for carriage of “coal” - Whether cargo more dangerous than other coal - Definition of “normal” coal cargoes - Distribution of risks between carriers and cargo interests. Dangerous cargo - Warnings to master of unusual characteristics. Named cargo - Standard of care in carriage required of shipowner. Hague Rules - Art. IV, r. 6 - Art. IV, r. 3. Charter-party - Implied indemnity - Whether shipowner required to prove that cargo was abnormal.
Practice - Procedure - Sale of ship - Dispute referred to arbitration - Buyers issued originating summons claiming a declaration that there was no contract and or arbitration agreement - Sellers served counterclaim - Whether counterclaim should be struck out - Whether buyers should serve reply and defence to counterclaim.
Bill of lading - Limitation of time - Short delivery - Cargo owners alleged that plaintiff carriers had stolen quantity of cargo of oil - Bills of lading incorporated Hague-Visby Rules - Whether cargo-owners’ action barred by limitation provisions.
Practice - Trade union dispute - Plaintiffs alleged defendants induced them to pay certain moneys and enter into certain agreements - Whether agreements void for duress - Whether plaintiffs entitled to repayment of moneys - Whether plaintiffs entitled to damages for tort of intimidation and interference with contractual rights - Whether defendants’ industrial action unlawful.
Practice - Pleadings - Misrepresentation - Plaintiff claimed damages for misrepresentation - Points of claim did not contain plea of fraudulent misrepresentation - Whether plaintiffs could raise such plea - Whether claim barred in law.
Salvage-Reward-Pro rata rule-Salvors engaged on behalf of shipowners only-Original arbitrator departed from pro rata rule in awarding salvage remuneration-Appeal arbitrator reassessed award-Whether departure from pro rata rule justified-Whether original arbitrator’s award should be reinstated.
Charter-party (Voyage) - Nomination of port - Charterers nominated Hormuz as loading port - Vessel arrived at Hormuz - Congestion at Hormuz - Charterers ordered vessel to load at Lavan Island - Whether charterers entitled to change nomination - Whether order in breach of charter - Whether owners entitled to a quantum meruit.
Bill of lading - Short delivery - Title to sue - Sale of cargo of oil on c.i.f. terms by second plaintiffs to first plaintiffs - First plaintiffs alleged short delivery - Whether first plaintiffs had title to sue - Whether missing oil retained on board - Whether lost in refinery - Whether plaintiffs entitled to damages.
Arbitration - Security for costs - LMAA Terms - Owners applied for security for costs - Whether LMAA Terms incorporated in agreement or by implication or usage - Whether arbitrators had jurisdiction to make order for security for costs.
Arbitration - Arbitration clause - Charter-party in amended Gencon form - Cargo loaded but had to be discharged before carriage commenced - Dispute between shippers and owners - Whether shippers entitled to benefit of arbitration clause - Whether arbitrator had jurisdiction.
Practice - Application to set aside - Jurisdiction - Distribution agreement between English plaintiffs and German defendants - Plaintiffs alleged wrongful repudiation of agreement by defendants - Whether place of performance of obligation England - Whether Court had jurisdiction - Whether application to set aside service of writ should be granted - Civil Jurisdiction and Judgments Act, 1982.
Charter-party (Consecutive Voyage) - Nomination of unsafe port - Charterers ordered vessel to load at Kharg Island - Iran-Iraq war - Whether owners elected not to treat Kharg Island as improper nomination - Whether owners waived right - Whether charterers in repudiatory breach.
Carriage by sea - Short delivery - Title to sue - Bulk cargo of barley discharged at Singapore bagged and reloaded for shipment to Jeddah - Plaintiff consignee alleged short delivery - Whether defendants liable in damages for failing to deliver all cargo loaded in Singapore - Whether plaintiff had title to sue.
Admiralty practice - Action in rem - Maritime lien - Shipowners ceased trading - Crew claimed severance pay and wages in lieu of notice - Vessel ordered to be sold pendente lite in earlier mortgagee’s action - Whether claim for severance pay gave rise to maritime lien - Whether certain members of crew entitled to wages in lieu of notice.
Admiralty practice - Stay of action - Jurisdiction - Forum non conveniens - Collision between American ship and Italian ship in Rio de Janiero - Whether English Court had jurisdiction - Whether action should have been brought in Italy - Whether Brazil more appropriate forum - Civil Jurisdiction and Judgments Act, 1982.
Charter-party (Voyage) - Uncontractual orders - Carriage of cargo of oil - Charterers anticipated a falling market - Ordered vessel not to berth and load - Master ignored order and vessel proceeded to berth and load - Whether charterers’ orders not to load uncontractual - Whether charterers could recover losses arising from premature loading.
Damages - Measure of damages - Interest - Sale and purchase of tin - Non-acceptance - Whether there was an available market for sale of tin - Whether necessary to consider price which might be obtained if sale concluded in one day - Measure of damages to be applied - Appropriate rate of interest which should be awarded - Sale of Goods Act, 1979, s. 50(3).
Insurance (Marine) - Stay of action - Jurisdiction clause - Alleged losses suffered by second plaintiffs - Action brought on policies in England - Whether Courts of New York more appropriate forum - Whether Civil Jurisdiction and Judgments Act, 1982 applicable - Whether stay should be granted.
Insurance (Marine and Non-Marine) - Pool agreement - Defendants got into financial difficulties - Meeting between plaintiffs and defendants to agree disposal of all liabilities under the pool agreement - Written record of meeting signed by all parties - Whether parties agreed that agreement to be goodwill agreement only and not legally binding - Whether defendants could rely on estoppel.
Charter-party (Voyage) - Laytime - Notice of readiness to discharge - Cargo overstowed by other cargo - Notice of readiness given on Jan. 20 - Cargo did not become accessible until Feb. 6 and Feb. 19 - Cargo discharged on Feb. 19 - Date of commencement of laytime - Whether notice of readiness valid.
Salvage - Reward - Vessel and cargo grounded in river Parana - Master engaged European salvors - Whether master and shipowner had implied actual authority to make reasonable contracts with salvors on behalf of cargo-owners - Whether cargo-owners liable for their share of reward.
Admiralty practice - Arrest of vessel - Limitation of liability - Collision in river Thames - Payment into Court of limitation fund - Whether security of bail beyond that provided by limitation fund could be given - Whether caveat against arrest of vessels could be entered in caveat book - Merchant Shipping Act 1979 - Convention on Limitation of Liability for Maritime Claims, 1976, arts. 2, 4, 11 and 13.
Charter-party (Voyage) - Delay - Vessel to proceed with all convenient speed - Charterers alleged various periods of delay - Whether owners in breach of obligation to proceed with all convenient speed - Whether charterers entitled to damages.
Carriage by sea - Limitation of liability - Damage to cargo - Proper law of contract - Cargo found to be damaged on discharge - Whether vessel unseaworthy - Whether proper law of contract English or Greek - Whether carriers entitled to limit liability.
Sale of ship - Negligent misrepresentation - Classification society surveyor carried out special survey on yacht for owners - Purchasers alleged vessel had serious defects which rendered her unseaworthy - Whether classification society owed duty of care to persons other than owners - Whether classification society liable for losses sustained by purchasers.
Insurance (Motor) - Indemnity - Plaintiff passenger suffered severe injuries when car driven by insured went out of control - Plaintiff obtained judgment against insured - Insured bankrupt on plaintiff’s petition - Whether plaintiff could claim indemnity against insurers - Third Party (Rights Against Insurers) Act, 1930.
Contract - Carriage by sea - Limitation clauses - Plaintiff a passenger on defendants’ cruise ship - Due to negligent navigation vessel sank - Plaintiff claimed damages - Plaintiff signed release document - Whether ticket terms and conditions part of contract - Whether release void ab initio - Whether plaintiff entitled to damages - Quantum - Australia.
 1 Lloyd's Rep. 579
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