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Lloyd's Law Reports RSS feed

CARGILL Srl MILAN (FORMERLY CARGILL S.p.A.) v. P. KADINOPOULOS S.A.

Arbitration - Lapse of claim - Dispute regarding cargo of wheat - Arbitrator appointed in 1986 - Sellers submitted documents in support of claim in 1988 - Arbitrator held sellers’ claim lapsed - Board of Appeal allowed claim to proceed - Whether sellers had right of appeal under GAFTA arbitration rules.

[1992] 1 Lloyd's Rep. 1

PUNJAB NATIONAL BANK v. DE BOINVILLE AND OTHERS

Insurance brokers - Breach of duty - Brokers placed insurances with underwriters - Bank claimed under policies - Underwriters denied liability - Bank claimed against brokers - Whether bank assured under policies - Whether contractual relationship between bank and brokers - Whether brokers owed bank a duty of care.

[1992] 1 Lloyd's Rep. 7

BULK SHIPPING A.G. v. IPCO TRADING S.A. (THE “JASMINE B”)

Charter-party (Voyage) - Nomination of port - Charterers entitled to change nomination of discharge ports - Vessel ordered to remain outside Porto Torres awaiting instructions - Charterers instructed vessel to proceed to U.S. East Coast (New York) for orders - Charterers then instructed vessel to discharge at Genoa - Whether charterers entitled to issue such orders.

[1992] 1 Lloyd's Rep. 39

LEIF HOEGH & CO A/S v. PETROLSEA INC. (THE “WORLD ERA”)

Arbitration - Jurisdiction - Pleadings - Dispute arising under tanker voyage charter referred to arbitration - Amendments made to points of claim - Allegation that issues and claims raised by amendments outside terms of reference and/or out of time or extinguished or abandoned - Whether arbitrators had jurisdiction to hear and determine issues raised by amendments.

[1992] 1 Lloyd's Rep. 45

TUFTON ASSOCIATES LTD v. DILMUN SHIPPING

Ship finance - Arrangement fee - Plaintiffs agreed to arrange ship finance for defendants - Finance offer made by bank - Whether plaintiffs effective cause of offer - Whether terms of bank’s offer different from finance envisaged by plaintiffs and defendants’ contract - Whether plaintiffs failed to exercise due expedition in the arrangement of finance - Whether plaintiffs entitled to an arrangement fee.

[1992] 1 Lloyd's Rep. 71

BANQUE PARIBAS v. CARGILL INTERNATIONAL S.A.

Practice - Application to set aside - Plaintiffs sue as alleged assignees - Whether plaintiffs’ case fell within any provision of O. 11 - Whether plaintiffs had good arguable case - Whether assignments effective - Whether England more appropriate forum - Whether leave to serve out of jurisdiction should be set aside.

[1992] 1 Lloyd's Rep. 96

PAN ATLANTIC INSURANCE CO. LTD. AND ANOTHER v. PINE TOP INSURANCE CO. LTD.

Reinsurance - Non-disclosure - Misrepresentation - Renewal invited based on loss record for 1977-1979 years - Whether plaintiffs failed to disclose material facts - Whether position misrepresentated - Whether additional losses for year 1980-1981 should have been disclosed - Whether reinsurers entitled to avoid policy for misrepresentation and non-disclosure.

[1992] 1 Lloyd's Rep. 101

REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA (MINISTRY OF DEFENCE) v. INDIA STEAMSHIP CO. LTD. (THE “INDIAN GRACE”)

Practice - Application to strike out - Res judicata - Carriage of goods by sea - Damage to goods - Judgment obtained in India - Action brought in England - Whether cause of action in England identical to that in India - Whether s. 34 of Civil Jurisdiction and Judgments Act a bar to bringing English proceedings - Whether action should be struck out.

[1992] 1 Lloyd's Rep. 124

BAYTUR S.A. v. FINAGRO HOLDING S.A.

Arbitration - Equitable assignment - Dispute under sale of goods contract referred to arbitration - Buyers reorganized and rights and liabilities assigned to defendants - Arbitrators found in favour of buyers - Whether assignee became party to pending arbitration on assignment taking effect in equity.

[1992] 1 Lloyd's Rep. 134

SMIT TAK OFFSHORE SERVICES AND OTHERS v. YOUELL AND GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION PLC.

Insurance (Marine) - Indemnity - Umbrella liability policy - Plaintiffs operating in Dubai waters - Associate company of plaintiffs rendered salvage service to vessel - Vessel anchored outside Dubai territorial waters but sank - Dubai port authorities threatened plaintiffs with withdrawal of licence unless wreck removed - Whether insurers liable to indemnify plaintiffs for costs of removal.

[1992] 1 Lloyd's Rep. 154

NCNB TEXAS NATIONAL BANK AND OTHERS v. EVENSONG CO. LTD. (THE “MIKADO”)

Practice - Application to set aside - Injunction obtained by plaintiffs restraining defendants from dealing with yacht - Whether plaintiffs an “interested person” - Whether Court had jurisdiction to grant injunction - Merchant Shipping Act, 1894 s. 30 as amended by Merchant Shipping Act, 1988 Schedule 2, s. 20.

[1992] 1 Lloyd's Rep. 163

EXMAR B V v. NATIONAL IRANIAN TANKER CO. (THE “TRADE FORTITUDE”)

Arbitration - Award - Interim award - Owners claimed and charterers cross-claimed for damages under charter - Owners claimed they were entitled to be paid undisputed part of their claim - Charterers contended they were entitled to rely on defence of equitable set-off - Whether arbitrators had a discretion not to make an interim award in favour of owners - Whether arbitrators erred in law in exercising that discretion.

[1992] 1 Lloyd's Rep. 169

INTERDESCO S.A. v. NULLIFIRE LTD.

Practice - Foreign judgment - Registration - Plaintiffs obtained judgment against defendants in France - Plaintiffs sought registration of judgment in England - Whether English Courts should determine whether French judgment procured by fraud - Whether defendants entitled to any relief - Whether judgment should be registered - Civil Jurisdiction and Judgments Act, 1982.

[1992] 1 Lloyd's Rep. 180

GUINNESS PEAT AVIATION (BELGIUM) NV v. HISPANIA LINEAS AEREAS S.A.

Practice - Mareva injunction - Plaintiffs leased aircraft to defendants - Defendants chartered aircraft to third party for summer season - Defendants defaulted on lease - Plaintiffs obtained Mareva injunction and took possession of aircraft - third party incurred liability to fourth parties - Whether third party’s losses recoverable - Whether plaintiffs should have notified third party of their right to apply for order to be varied.

[1992] 1 Lloyd's Rep. 190

SOCIETE LIBANAISE POUR L’INDUSTRIE DU BOIS “LIBANBOIS” S.A.L. AND ANOTHER v. FAMA SHIPPING LTD. AND ANOTHER

Practice - Jurisdiction - Summary judgment - Plaintiffs claimed against first defendant for breach of warranty of authority or breach of contract and against second defendant based on allegation of fraud - Plaintiff applied for judgment under O.14 against first defendants - Claim against second defendants outside scope of O.14 - Whether Court had jurisdiction to hear plaintiffs’ application - R.S.C. O.14.

[1992] 1 Lloyd's Rep. 197

OVERSEAS UNION INSURANCE LTD. DEUTSCHE RUCK UK REINSURANCE CO. LTD. AND PINE TOP INSURANCE CO. LTD. v. NEW HAMPSHIRE INSURANCE CO.

Practice - Stay of action - Seisure of proceedings - Dispute between English plaintiffs and French defendants under reinsurance contract - Actions brought in France and England - Defendants applied to stay English action under arts. 21 and 22 of Convention - Whether art. 21 applicable irrespective of domicile of parties - Whether Court second seised must stay proceedings if jurisdiction not declined - Whether Court first seised had jurisdiction - Civil Jurisdiction and Judgments Act, 1982 Schedule 1 arts. 21, 22.

[1992] 1 Lloyd's Rep. 204

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.

[1992] 1 Lloyd's Rep. 239

ASSURANCES GENERALES DE FRANCE I.A.R.T. v. THE CHIYODA FIRE AND MARINE CO. (UK) LTD. AND OTHERS UNAT S.A. v. RHONE MEDITERRANEE COMPAGNIE FRANCESE DI ASSICURAZIONI E RIASSICURAZIONI AND OTHERS SAME v. SAME

Reinsurance - Seisin - Stay of proceedings - Dispute under reinsurance programme - Proceedings brought in Italian and English Courts - Whether English Court first seised of action - Application to reamend points of claim - Whether reamendments and Italian proceedings related actions - Whether same cause of action between same parties - Whether proceedings should be stayed - Civil Jurisdiction and Judgments Act, 1982 arts. 21 and 22.

[1992] 1 Lloyd's Rep. 325

MARC RICH & CO. A.G. SOCIETA ITALIANA IMPIANTI P.A. (THE “ATLANTIC EMPEROR”)

Sale of goods (f.o.b) - Application to set aside - Arbitration clause - Plaintiffs alleged damage to cargo - Defendants denied liability - Whether contract contained arbitration clause - Whether dispute should be resolved in Italy - Whether proper law of contract English - Whether application to set aside leave to serve out of jurisdiction should be granted - Whether the Convention scheduled to the Civil Jurisdiction and Judgments Act, 1982 applied.

[1992] 1 Lloyd's Rep. 342

NEW HAMPSHIRE INSURANCE CO. AND OTHERS v. STRABAG BAU A.G. AND OTHERS

Insurance (Collective Policy) - Arbitration clause - Application to set aside - Plaintiffs insured in respect of construction of airport buildings in Iraq - Claims made by defendants - Plaintiffs issued letter of avoidance and claimed arbitration - Plaintiffs issued writ claiming declaration policy validly avoided - Defendants commenced proceedings in Germany - Whether dispute validly referred to arbitration - Whether proper case for service out of jurisdiction Whether another forum available to plaintiffs - Whether proceedings should be set aside - Civil Jurisdiction and Judgments Act, 1982.

[1992] 1 Lloyd's Rep. 361

THE “BREYDON MERCHANT”

Limitation of liability - Limitation fund - Damage to cargo by fire on board vessel - Shipowners entitled to limit liability - Whether claim by cargo-owners to be made against limitation fund - Whether shipowners not entitled to limit liability in respect of such claim - Convention on Limitation of Liability for Maritime Claims, 1976, arts. 2 and 3 - Merchant Shipping Act, 1979, s. 17, Schedule 4 Part I.

[1992] 1 Lloyd's Rep. 373

KROHN & CO. (IMPORT-EXPORT G.M.B.H. & CO. K.G.) v. P.T. TULUNG AGUNG INDAH

Arbitration - Award - Application to set aside - Dispute under sale contract referred to arbitration - Award in favour of sellers - Buyers alleged Board of Appeal failed to give buyers opportunity to address particular point - Whether award should be set aside or remitted.

[1992] 1 Lloyd's Rep. 377

IRISH AEROSPACE (BELGIUM) N.V. v. EUROPEAN ORGANISATION FOR THE SAFETY OF AIR NAVIGATION AND CIVIL AVIATION AUTHORITY

Carriage by air - Conversion - Abuse of dominant position - Negligence - Defendants detained aircraft for alleged unpaid charges - Whether detention unlawful - Whether defendants liable in conversion - Whether defendants abused dominant position they occupied in Common Market - Whether defendants in breach of duty of care not to injure plaintiffs’ interest in aircraft - Whether defendants liable for damages in negligence - EEC Treaty art. 86 - Whether defendants entitled to order that points of claim be struck out.

[1992] 1 Lloyd's Rep. 383

THIERRY NOIRHOMME v. DAVID WALKLATE

Practice - Foreign judgment - Registration - Action brought by plaintiff against English defendant in Belgium - Judgment given in favour of plaintiff and registered in England - Whether judgment should be recognized - Whether defendant duly served - Whether defendant entitled to stay proceedings - Civil Jurisdiction and Judgments Act, 1982, s. 4.

[1992] 1 Lloyd's Rep. 427

OVERSEAS UNION INSURANCE LTD. AND OTHERS v. INCORPORATED GENERAL INSURANCE LTD.

Reinsurance - Application to set aside - Plaintiffs entered into reinsurance contracts with South African defendants - Neither defendants nor plaintiffs except one authorized to carry on insurance business in Great Britain - Plaintiffs alleged moneys due under reinsurance contracts - Plaintiffs obtained leave to serve out of jurisdiction - Whether plaintiffs’ claim within R.S.C., O. 11, r. 1(1) - Whether England more appropriate forum - Whether writ should be set aside.

[1992] 1 Lloyd's Rep. 439

PREKOOKEANSKA PLOVIDBA v. FELSTAR SHIPPING CORPORATION AND SOTROMAR Srl. AND STC SCANTRADE A.B. (THIRD PARTY) (THE “CARNIVAL”)

Negligent navigation - Damage to vessel and cargo - Plaintiffs’ vessel being moored at Setramar berth at Ravenna - Defendants’ vessel proceeded past plaintiffs’ vessel - Plaintiffs’ vessel and cargo damaged by fender penetrating plating - Whether defendants’ vessel negligently navigated - Whether plaintiffs guilty of contributory negligence - Whether plaintiffs failed to take steps to mitigate amount of damage caused. Charter-party (Voyage) - Unsafe berth - Damage to vessel and cargo - Charterers ordered vessel to Ravenna - Vessel being moored alongside Setramar berth - Defendants’ vessel proceeded past plaintiffs’ vessel - Damage to plaintiffs’ vessel and cargo caused by fender penetrating plating - Whether Setramar berth an unsafe berth - Contribution between defendants - Civil Liability (Contribution) Act 1978.

[1992] 1 Lloyd's Rep. 449

THE “P”

Sale of ship - Mareva injunction - Application to discharge - Dispute between buyers and sellers as to condition of vessel on delivery - Buyers anticipated sellers would transfer proceeds of sale out of jurisdiction - Injunction obtained which took effect after payment and delivery - Whether injunction should be discharged.

[1992] 1 Lloyd's Rep. 470

RAFSANJAN PISTACHIO PRODUCERS CO-OPERATIVE v. BANK LEUMI (UK) PLC

Banking - Letter of credit - Allegations of fraud - Sale of goods - Bank opened letters of credit in favour of plaintiffs - Letters of credit rejected for discrepancies - Bank alleged plaintiffs party to agreement to induce bank to open letter of credit - Plaintiffs alleged bank in breach of Uniform Customs and Practice for Documentary Credits, 1983 - Whether bank could rely on estoppel or discharge.

[1992] 1 Lloyd's Rep. 513

“THE REGINA D” (Nos. 1 and 2).

Collision - Approaching vessels - Collision in river Scheldt - Plaintiffs’ vessel proceeding at excessive speed and in wrong water - Whether defendants’ vessel also at fault - Apportionment of liability.

[1992] 1 Lloyd's Rep. 543

SOCIETE COMMERCIALE DE REASSURANCE v. ERAS INTERNATIONAL LTD. (formerly ERAS(U.K.)) AND OTHERS (THE ERAS EIL ACTIONS)

Practice - Service out of jurisdiction - Insurance cover provided for environment impairment liability - Reinsurance led pool - Derivative claims - Issues raised on jurisdiction, contract, tort, contribution, limitation and arbitration - Whether leave should be set aside - R.S.C., O. 11, r. 1(1)(c), (f), O. 16, r. 3(4) - Limitation Act, 1980 - Civil liability (Contribution) Act 1978.

[1992] 1 Lloyd's Rep. 570

MARC RICH & CO. A.G. v. SOCIETA ITALIANA IMPIANTI P.A. (THE “ATLANTIC EMPEROR”) (No. 2)

Practice - Injunction - Dispute under contract for sale of goods - Defendants brought action for non-liability in Italian Court - Dispute referred to arbitration in London - Plaintiffs contested jurisdiction of Italian Court - Italian Court held no valid arbitration clause - Whether decision binding on plaintiffs - Whether injunction should be granted restraining defendants from taking further steps in proceedings in Italian Court.

[1992] 1 Lloyd's Rep. 624

THE “RUBI SEA”

Admiralty practice - Arrest of vessel - Costs of arrest - Vessel arrested and released by caveators and re-arrested by mortgagees - Mortgagees obtained judgment against owners - Vessel ordered to be appraised and sold - Moneys paid into Court - Whether caveators entitled to recover costs incurred in first arrest of vessel.

[1992] 1 Lloyd's Rep. 634

MARIDA LTD. AND OTHERS v. OSWAL STEEL AND OTHERS (THE “BIJELA”)

General average - Cost of temporary repairs - Vessel grounded causing damage to bottom plating - Temporary repairs effected - General average declared - Whether owners entitled to claim contribution from cargo-owners for cost of temporary repairs - York-Antwerp Rules 1974.

[1992] 1 Lloyd's Rep. 636