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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 1990 Archive by Volume
Reports for Volume 1, 1990
J. LAURITZEN A.S. v. WIJSMULLER B.V. (THE “SUPER SERVANT TWO”)
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.
[1990] 1 Lloyd's Rep. 1
G. + H. MONTAGE G.m.b.H. (formerly GRUNZWEIG UND HARTMANN MONTAGE G.m.b.H.) v. RAHIM MOTTAGHI IRVANI
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.
[1990] 1 Lloyd's Rep. 14
FIRST NATIONAL BANK OF BOSTON v. UNION BANK OF SWITZERLAND AND OTHERS
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.
[1990] 1 Lloyd's Rep. 32
THE “MARE DEL NORD”
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.
[1990] 1 Lloyd's Rep. 40
THE “ANTIGONI”
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.
[1990] 1 Lloyd's Rep. 45
PHILLIPS PETROLEUM CO. AND OTHERS v. CABANELI NAVIERA S.A. (THE “THEODEGMON”)
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.
[1990] 1 Lloyd's Rep. 52
SEALACE SHIPPING CO. LTD. v. OCEANVOICE LTD. (THE “ALECOS M”)
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.
[1990] 1 Lloyd's Rep. 82
ETHIOPIAN OILSEEDS & PULSES EXPORT CORPORATION v. RIO DEL MAR FOODS INC.
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.
[1990] 1 Lloyd's Rep. 86
DUNCAN STEVENSON MACMILLAN AND OTHERS v. A. W. KNOTT BECKER SCOTT LTD. AND OTHERS ANDREW LEONARD ABRAHAMS GLACIER GENERAL ASSURANCE CO. AND EARLY AMERICAN INSURANCE CO. v. DUNCAN STEVENSON MACMILLAN AND OTHERS
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.
[1990] 1 Lloyd's Rep. 98
CHINA AND SOUTH SEA BANK LTD. v. TAN SOON GIN, ALIAS GEORGE TAN
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.
[1990] 1 Lloyd's Rep. 113
TATE AND LYLE INDUSTRIES LTD. v. DAVY MCKEE (LONDON) LTD.
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.
[1990] 1 Lloyd's Rep. 116
DUBAI BANK LTD. v. GALADARI AND OTHERS
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.
[1990] 1 Lloyd's Rep. 120
C. F. TURNER v. MANX LINE LTD.
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.
[1990] 1 Lloyd's Rep. 137
ASIANAC INTERNATIONAL PANAMA S.A. AND TRANSOCEAN TRANSPORT CORPORATION v. TRANSOCEAN RO-RO CORPORATION (THE “SEASPEED AMERICA”)
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.
[1990] 1 Lloyd's Rep. 150
KIRKAWA CORPORATION v. GATOIL OVERSEAS INC. (THE “PETER KIRK”)
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.
[1990] 1 Lloyd's Rep. 154
KIRKAWA CORPORATION v. GATOIL OVERSEAS INC. (THE “PETER KIRK”) (No. 2)
[1990] 1 Lloyd's Rep. 158
ULYSSES COMPANIA NAVIERA S.A. v. HUNTINGDON PETROLEUM SERVICES LTD. AND OTHERS (THE “ERMOUPOLIS”)
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)
[1990] 1 Lloyd's Rep. 160
ANANGEL ATLAS COMPANIA NAVIERA S.A. AND OTHERS v. ISHIKAWAJIMA-HARIMA HEAVY INDUSTRIES CO. LTD.
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.
[1990] 1 Lloyd's Rep. 167
KLOECKNER & Co. A.G. (formerly KLOECKNER & Co. K.G.a.A) v. GATOIL OVERSEAS INC.
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).
[1990] 1 Lloyd's Rep. 177
INSURANCE CO. OF THE STATE OF PENNSYLVANIA v. GRAND UNION INSURANCE CO. AND LOWNDES LAMBERT CONSTRUCTION LTD.
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.
[1990] 1 Lloyd's Rep. 208
NATIONAL BANK OF GREECE S.A. v. PINIOS SHIPPING CO. NO. 1 AND GEORGE DIONYSIOS TSITSILIANIS (THE “MAIRA”) NO. 3
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.
[1990] 1 Lloyd's Rep. 225
FURNESS WITHY (AUSTRALIA) PTY. LTD. v. METAL DISTRIBUTORS (U.K.) LTD. (THE “AMAZONIA”)
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.
[1990] 1 Lloyd's Rep. 236
ENICHEM ANIC S.p.A. AND OTHERS v. AMPELOS SHIPPING CO. LTD. (THE “DELFINI”)
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.
[1990] 1 Lloyd's Rep. 252
THE “ATHANASIA COMNINOS” AND “GEORGES CHR. LEMOS”
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.
[1990] 1 Lloyd's Rep. 277
METAL SCRAP TRADE CORPORATION LTD. v. KATE SHIPPING CO. LTD. (THE “GLADYS”)
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.
[1990] 1 Lloyd's Rep. 297
COMPANIA PORTORAFTI COMMERCIALE S.A. v. ULTRAMAR PANAMA INC. AND OTHERS (THE “CAPTAIN GREGOS”)
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.
[1990] 1 Lloyd's Rep. 310
DIMSKAL SHIPPING CO. S.A. v. INTERNATIONAL TRANSPORT WORKERS FEDERATION (THE “EVIA LUCK”) (No. 2)
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.
[1990] 1 Lloyd's Rep. 319
GARDEN NEPTUNE SHIPPING LTD. AND OTHERS v. OCCIDENTAL WORLDWIDE INVESTMENT CORPORATION AND CONCORD PETROLEUM CORPORATION
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.
[1990] 1 Lloyd's Rep. 330
THE “M. VATAN”
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.
[1990] 1 Lloyd's Rep. 336
BATIS MARITIME CORPORATION v. PETROLEOS DEL MEDITERRANEO S.A. (THE “BATIS”)
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.
[1990] 1 Lloyd's Rep. 345
ANONIMA PETROLI ITALIANA S.p.A. AND NESTE OY v. MARLUCIDEZ ARMADORA S.A. (THE “FILIATRA LEGACY”)
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.
[1990] 1 Lloyd's Rep. 354
FAL BUNKERING OF SHARJAH v. GRECALE INC. OF PANAMA
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.
[1990] 1 Lloyd's Rep. 369
HOESCH EXPORT A.G. v. HANSA PROJEKT TRANSPORT G.m.b.H. (THE “WORLD UMPIRE”)
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.
[1990] 1 Lloyd's Rep. 374
MEDWAY PACKAGING LTD. v. MEURER MASCHINEN G.m.b.H & CO. K.G.
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.
[1990] 1 Lloyd's Rep. 383
MOTOR OIL HELLAS (CORINTH) REFINERIES S.A. v. SHIPPING CORPORATION OF INDIA (THE “KANCHENJUNGA”)
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.
[1990] 1 Lloyd's Rep. 391
THE “MONTANA”
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.
[1990] 1 Lloyd's Rep. 402
THE “TACOMA CITY”
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.
[1990] 1 Lloyd's Rep. 408
THE “PO”
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.
[1990] 1 Lloyd's Rep. 418
NOVOROSSISK SHIPPING CO. v. NEOPETRO CO. LTD. (THE “ULYANOVSK”)
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.
[1990] 1 Lloyd's Rep. 425
FLAMAR INTEROCEAN LTD. v. DENMAC LTD (FORMERLY DENHOLM MACLAY CO. LTD). (THE “FLAMAR PRIDE” AND “FLAMAR PROGRESS”)
Contract - Exclusion clause - Ship’s management agreement - Owners alleged managers in breach of contract and negligent - Whether managers could rely on exclusion clause in agreement - Whether plaintiffs entitled to discovery relating to manager’s insurance position - Unfair Contracts Act, 1977, ss. 2, 3, 11.
[1990] 1 Lloyd's Rep. 434
SHEARSON LEHMAN HUTTON INC. AND ANOTHER v. MACLAINE WATSON & CO. LTD. AND OTHERS (No. 2).
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).
[1990] 1 Lloyd's Rep. 441
S. & W. BERISFORD PLC. AND NGI INTERNATIONAL PRECIOUS METALS INC. v. NEW HAMPSHIRE INSURANCE CO.
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.
[1990] 1 Lloyd's Rep. 454
ORION INSURANCE CO. PLC. v. SPHERE DRAKE INSURANCE PLC.
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.
[1990] 1 Lloyd's Rep. 465
TRANSGRAIN SHIPPING B.V. GLOBAL TRANSPORTE OCEANICO S.A. (THE “MEXICO 1”)
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.
[1990] 1 Lloyd's Rep. 507
INDUSTRIE CHIMICHE ITALIA CENTRALE AND CEREALFIN S.A. v. ALEXANDER G. TSAVLIRIS & SONS MARITIME CO., PANCHRISTO SHIPPING CO. S.A. AND BULA SHIPPING CORPORATION (THE “CHOKO STAR”)
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.
[1990] 1 Lloyd's Rep. 516
THE “VITA”
Admiralty practice - Writ - Extension of validity of writ - Time for serving writ expired before writ served - Whether application to extend validity of writ should be granted.
[1990] 1 Lloyd's Rep. 528
THE “BOWBELLE”
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.
[1990] 1 Lloyd's Rep. 532
PRESIDENT OF INDIA v. HARIANA OVERSEAS CORPORATION (THE “TAKAFA”)
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.
[1990] 1 Lloyd's Rep. 536
HELLENIC STEEL CO. AND OTHERS v. SVOLAMAR SHIPPING CO. LTD. AND OTHERS (THE “KOMNINOS S”)
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.
[1990] 1 Lloyd's Rep. 541
MARIOLA MARINE CORPORATION v. LLOYD’S REGISTER OF SHIPPING (THE “MORNING WATCH”)
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.
[1990] 1 Lloyd's Rep. 547
LEFEVRE v. WHITE
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.
[1990] 1 Lloyd's Rep. 569
DILLON AND OTHERS v. BALTIC SHIPPING CO. (THE “MIKHAIL LERMONTOV”)
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.
[1990] 1 Lloyd's Rep. 579
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