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Lloyd's Law Reports RSS feed

THE CHANNEL TUNNEL GROUP LTD. AND FRANCE MANCHE S.A. v. BALFOUR BEATTY CONSTRUCTION LTD. AND OTHERS

Arbitration - Stay of action - Jurisdiction - Injunction - Contract for construction of Channel tunnel - Contractors threatened suspension of work - Employers applied for injunction - Whether action should be stayed in favour of arbitration - Whether Court had jurisdiction to grant interim injunction - Arbitration Act, 1950, s. 12(6) - Supreme Court Act, 1981, s. 37.

[1992] 2 Lloyd's Rep. 7

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] 2 Lloyd's Rep. 19

SEAVISION INVESTMENT S.A. v. NORMAN THOMAS EVENNETT AND CLARKSON PUCKLE LTD. (THE “TIBURON”)

Practice - Costs - Insurance (Marine) - War-risks - Vessel declared under established German open cover - Cover warranted German F.O.M. - Vessel struck by Exocet missile - Underwriters held not liable under policy - Brokers ordered to pay to plaintiffs their own costs of failed action against underwriters - Whether such costs recoverable on indemnity basis - R.S.C. O. 62, r. 3(2) - Supreme Court Act 1981, ss. 18(1)(f), 51.

[1992] 2 Lloyd's Rep. 26

THE “PAN OAK”

Admiralty practice - Payment out - Priority - Sale of bunker oil carried on vessel - Proceeds paid into Court - Plaintiffs claimed priority in payment out on ground they were secured creditors - Whether bunkers part of security for loan granted by plaintiffs - Whether proceeds of bunkers available for distribution pari passu between all creditors.

[1992] 2 Lloyd's Rep. 36

TRANSWORLD OIL (USA) INC. v. MINOS COMPANIA NAVIERA S.A (THE “LENI”)

Carriage by sea - Limitation of time - Short delivery - Plaintiffs brought action within one year of delivery - Plaintiffs had no title to sue - Whether action by party who had title time barred - Whether leave to amend writ to include that party as plaintiffs should be granted - Hague-Visby Rules, art. III, r. 6.

[1992] 2 Lloyd's Rep. 48

ZAINALABDIN PAYABI AND BAKER RASTI LARI v. ARMSTEL SHIPPING CORPORATION AND PANTHAI SHIPPING LTD. (THE “JAY BOLA”)

Carriage by sea - Limitation of time - Damage to cargo - Vessel sold over three months before bill of lading issued - Plaintiffs issued and served writ on original shipowners - Limitation period expired - Plaintiffs obtained leave to add new shipowners as defendants in substitution of original shipowners and writ extended for four months - Whether such leave and extension should be set aside - Whether claim against new shipowners time barred - Whether plaintiffs entitled to amend writ - Hague Rules, art. III - R.S.C., O. 20, r. 5.

[1992] 2 Lloyd's Rep. 62

THE “FUTURE EXPRESS”

Bill of lading - Title to sue - Attornment - Bank named as consignees - Bills of lading withheld from bank - Goods delivered without production of bills of lading - Whether bank had title to sue - Whether bank became pledgee of goods - Whether bill of lading an attornment - Whether bills of lading exhausted as documents of title - Whether carriers committed wrongful act in relation to the goods.

[1992] 2 Lloyd's Rep. 79

ATLANTIC MARINE TRANSPORT CORPORATION v. COSCOL PETROLEUM CORPORATION (THE “PINA”)

Charter-party (Time) - Rectification - Charterparty documents unsigned - Owners claimed for over-performance of vessel - Whether contract contained in charter-party or fixture agreement - Whether hire adjustment provisions of cl. 24 incorporated into charter - Whether contract should be rectified to exclude or modify cl. 24.

[1992] 2 Lloyd's Rep. 103

ELLIS SHIPPING CORPORATION v. VOEST ALPINE INTERTRADING (THE “LEFTHERO”)

Charter-party (Voyage) - Demurrage - Exception clause - Iran-Iraq war - Vessel delayed by discharging at Bushire instead of charter-party destination - Owners entitled to rely on “restraint of princes” for non-delivery of vessel at charter-party destination - Whether clause protected charterers from liability for demurrage. Charter-party (Voyage) - Freight - Right and true delivery of cargo - Vessel discharged at Bushire instead of charter-party destination - Whether right and true delivery of cargo - Whether owners entitled to balance of freight.

[1992] 2 Lloyd's Rep. 109

CHISWELL SHIPPING LTD. AND LIBERIAN JAGUAR TRANSPORTS INC. v. NATIONAL IRANIAN TANKER CO. (THE “WORLD SYMPHONY” AND “WORLD RENOWN”)

Charter-party (Time) - Redelivery - Charterers ordered vessel on final voyage - Vessel redelivered late - Whether charterers entitled to order vessel to perform last voyage - Whether owners entitled to damages for late redelivery. Charter-party (Time) - Breach - Charterers delayed in paying sums due under charter to owners - Owners alleged they suffered loss of interest as result of delay - Whether owner entitled to damages.

[1992] 2 Lloyd's Rep. 115

PAN ATLANTIC GROUP INC. AND OTHERS v. HASSNEH INSURANCE CO. OF ISRAEL LTD.

Arbitration - Arbitrator - Appointment - Ineligible to act - Dispute arose under quota share reinsurance treaty - Official of an insurance company appointed by respondents as their arbitrator - Official retired from insurance company and joined leading firm of insurance solicitors as consultant - Whether official rendered himself ineligible to act as arbitrator.

[1992] 2 Lloyd's Rep. 120

YOUELL AND OTHERS v. BLAND WELCH & CO. LTD. AND OTHERS

Reinsurance - Construction - Vessels insured against builder’s risks - Vessels reinsured - Vessels a constructive total loss - Whether reinsurance cover coextensive with original insurance or whether it terminated 48 months after vessels came on risk - Whether slip admissible as an aid to construction of policy.

[1992] 2 Lloyd's Rep. 127

DAVY OFFSHORE LTD. v. EMERALD FIELD CONTRACTING LTD.

Contract - Construction - Passing of property - Contract for supply and installation of oil platform and ancillary works in North Sea - Dispute arose as to when property in works and goods supplied passed - Whether property passed when plaintiffs supplied defendants with bill of sale.

[1992] 2 Lloyd's Rep. 142

BALLI TRADING LTD. v. AFALONA SHIPPING CO. LTD. (THE “CORAL”)

Bills of lading - Damage to cargo - Summary judgment - Collapse of cargo stow during voyage - Plaintiffs claimed damages - Bills of lading incorporated charter-party clauses and Hague-Visby Rules - Whether plaintiffs had title to sue - Whether carriers had arguable defence - Whether plaintiffs entitled to summary judgment.

[1992] 2 Lloyd's Rep. 158

STEEDMAN v. SCOFIELD AND ANOTHER

Limitation of time - Personal injuries - Jet skier in collision with speedboat towing water skier - Jet skier injured - Whether jet ski a “vessel” or a “ship” within Merchant Shipping Acts - Whether jet skiers action time barred by s. 8 of the Maritime Conventions Act, 1911.

[1992] 2 Lloyd's Rep. 163

DOLPHIN HELLAS SHIPPING S.A. v. ITEMSLOT LTD. (THE “AEGEAN DOLPHIN”)

Arbitration - Award - Error of law - Dispute under charter-party - Arbitrators found vessel incapable of performing intended cruises and charterers entitled to repudiate charter - Whether arbitrators had erred. Charter-party (Time) - Repudiation - Charterers marketing cruises - Vessel chartered from shipowners - Whether charterers had accepted vessel - Whether charterers precluded from relying on incapacity of vessel to perform intended cruises.

[1992] 2 Lloyd's Rep. 178

CURACAO TRADING CO. B.V. v. HARKISANDAS & CO.

Arbitration - Award - Enforcement - Application to set aside - Award made in favour of applicants in dispute under sale of goods contract - Leave given to enforce award in the same manner as a judgment - Whether procedures undertaken in course of arbitration complied with rules of IGPA - Whether applicants guilty of material non-disclosure - Whether order to enforce award should be set aside - Arbitration Act, 1950, s. 26.

[1992] 2 Lloyd's Rep. 186

TOUCHE ROSS & CO. AND OTHERS v. COLIN BAKER

Insurance (Professional Indemnity) - Discovery extension cover - Defendant gave notice of refusal to renew line - Plaintiffs claimed discovery extension cover - Whether such claim could only be made if all participating underwriters refused to renew.

[1992] 2 Lloyd's Rep. 207

POLLY PECK INTERNATIONAL PLC v. ASIL NADIR AND OTHERS

Practice - Mareva injunction - Appeal against grant - Nature and strength of plaintiffs’ case against bank - Potential effect on bank of maintaining injunction in force pending trial - Effect if injunction discharged.

[1992] 2 Lloyd's Rep. 238

THE “JOHNNY TWO”

Admiralty practice - Writ in rem - Application to set aside - Extension of validity of writ - Writ issued in respect of damage to cargo - Vessel visited Felixstowe on five occasions before writ served on vessel - Validity of writ extended - Whether proper disclosures made - Whether order extending validity should be discharged - Whether service of writ should be set aside.

[1992] 2 Lloyd's Rep. 257

THE “KHERSON”

Carriage by sea - Jurisdiction - Damage to cargo - Sister ship arrested - Proceedings already begun in Netherlands - Whether English Court should decline jurisdiction - Whether plaintiffs justified in obtaining warrant of arrest - Whether warrant of arrest should be set aside - Civil Jurisdiction and Judgments Act, 1982, arts. 17, 21.

[1992] 2 Lloyd's Rep. 261

THE “LAKHTA”

Admiralty practice - Stay of action - Forum non conveniens - Dispute as to ownership of vessel between Latvian plaintiffs and Russian defendants - Russian forum more appropriate - Whether action should nevertheless be tried in England - Whether application for stay should be granted.

[1992] 2 Lloyd's Rep. 269

PRESIDENT OF INDIA v. JADRANSKA SLOBODNA PLOVIDBA

Arbitration - Award - Costs - Allegation of error of law and technical misconduct on face of award - Separate award as to costs - Application for remission - Procedure to be followed - Arbitration Act, 1950 s. 22 - Arbitration Act, 1979 s. 1.

[1992] 2 Lloyd's Rep. 274

APOSTOLOS KONSTANTINE VENTOURIS v. TREVOR REX MOUNTAIN (THE “ITALIA EXPRESS” (No. 2))

Damages - Insurance (Marine) - War risks insurance - Vessel sunk by explosives - Claim under policy - Judgment entered for plaintiffs - Whether plaintiffs could claim damages for loss of income, increase in capital value of replacement vessel and for hardship, inconvenience and mental distress. Insurance (Marine) - War P. and I. Risks clause - Indemnity - Vessel entered in one P. and I. Club but different club named in clause - Which P. and I. Club applicable - Construction of applicable rules - Whether pay to be paid rule and relevant notice requirement rules incorporated.

[1992] 2 Lloyd's Rep. 281

ACKMAN AND OTHERS AND SCHER AND OTHERS v. THE POLICYHOLDERS PROTECTION BOARD, ROYAL INSURANCE (U.K.) LTD. AND NEW HAMPSHIRE INSURANCE CO.

Insurance (Professional Liability) - Policyholders Protection Board - Professional individuals and professional corporations in New York and Canada insured against professional negligence - Insurers insolvent - Whether policies United Kingdom policies - Whether plaintiffs private policyholders - Meaning of “liability” - Whether plaintiffs could claim against board - Policyholders Protection Act, 1975, ss. 4, 6(7), 8(2).

[1992] 2 Lloyd's Rep. 321

HAMED EL CHIATY & CO. (T/A. TRAVCO NILE CRUISE LINES) v. THE THOMAS COOK GROUP LTD. (THE “NILE RHAPSODY”[??C0E5])

Charter-party (Time) - Stay of action - Jurisdiction - Forum non conveniens - Plaintiffs claimed damages under the contract - Charters prescribed Egyptian law as proper law of contract but silent as to jurisdiction - Whether parties orally agreed contracts subject to exclusive jurisdiction of Egyptian Courts - Whether Egypt more appropriate forum - Whether action should be stayed.

[1992] 2 Lloyd's Rep. 399

IN RE A COMPANY NO 0013734 OF 1991

Reinsurance - Winding up - Application to strike out - Non-payment of claims by reinsurer - Insolvent reinsured brought winding up petition against reinsurers - Construction of “Ultimate net loss” provision - Whether valuation of contingent liabilities a “loss settlement” or “compromise” settlement” - Whether reinsured provided reasonable evidence of claims - Whether winding up petition should be struck out.

[1992] 2 Lloyd's Rep. 415

ISC TECHNOLOGIES LTD. AND ANOTHER v. JAMES HOWARD GUERIN AND OTHERS

Practice - Application to set aside - Service out of jurisdiction - Contracts for sale of arms to foreign countries - Plaintiffs alleged fraud and that the 10th defendant knew and participated in the fraud - Plaintiffs claimed account and restitution of money paid out and damages - Whether leave to serve proceedings out of jurisdiction should be set aside.

[1992] 2 Lloyd's Rep. 430

THE “BLITZ”

Sale of ship - Ship’s mortgage - Non-payment of harbour dues - Harbour authority sold vessel to bona fide purchaser - Whether sale free from encumbrances - Whether new owners liable to mortgagees.

[1992] 2 Lloyd's Rep. 441

THE “SHIZELLE”

Sale of ship - Ship’s mortgage - Ship mortgaged to plaintiffs - Vessel and mortgage unregistered - Defendants bought vessel without knowledge, actual or constructive, of mortgage - Plaintiffs claimed under mortgage and arrested vessel - Whether defendants liable under mortgage.

[1992] 2 Lloyd's Rep. 444

ERG PETROLI S.P.A. v. VITOL S.A. (THE “BALLENITA” AND “BP ENERGY”)

Carriage by sea - Nomination of vessel - Contract for sale of cargo of oil - Sellers nominated vessel under contract - Whether sellers entitled to withdraw nomination and substitute another vessel - Whether substitution wrongful and a repudiation of contract - Whether cargo in substitute vessel conformed with contract description.

[1992] 2 Lloyd's Rep. 455

COMPANIA CONTINENTAL DEL PERU S.A. v. EVELPIS SHIPPING CORPORATION (THE “AGIA SKEPI”)

Practice - Application to set aside - Service out of jurisdiction - Bill of lading - Damage to cargo - Cargo-owners claimed as parties to the contract of carriage, for breach of a Brandt v. Liverpool type of contract and breach of non-contractual bailment - Whether claims within R.S.C., O. 11, r. 1 - Whether service out of jurisdiction should be set aside.

[1992] 2 Lloyd's Rep. 467

THE REPUBLIC OF SOMALIA v. WOODHOUSE DRAKE & CAREY (SUISSE) S.A. AND OTHERS (THE “MARY”)

Practice - Foreign government - Recognition - Payment of moneys out of Court - Cargo of rice sold by order of Court and proceeds paid into Court - Cargo originally consigned to Ministry of Defence in Somalia - Overthrow of legitimate government - Interim government appointed - Procedure for recognition of interim government - Whether moneys in Court should be paid out to solicitors representing interim government.

[1992] 2 Lloyd's Rep. 471

THE STANDARD STEAMSHIP OWNERS’ PROTECTION AND INDEMNITY ASSOCIATION (BERMUDA) LTD. v. GANN AND ANOTHER

Insurance (Marine) - P. & I. risks - Application to set aside - Forum non conveniens - Non-payment of calls - Defendants alleged insurance on basis of fixed premium and plaintiffs not entitled to make calls - Whether plaintiffs had good arguable case - Whether California more appropriate forum - Whether application to set aside writ and service out of jurisdiction should be granted.

[1992] 2 Lloyd's Rep. 528

THE “MACIEJ RATAJ”

Carriage by sea - Stay of action - Forum non conveniens - Damage to goods - Actions brought in Rotterdam and England - Whether proceedings in Rotterdam involved same cause of action as proceedings in England - Whether action should be stayed - Whether Rotterdam more appropriate forum - Civil Jurisdiction and Judgments Act, 1982.

[1992] 2 Lloyd's Rep. 552

INDIAN OIL CORPORATION v. VANOL INC.

Sale of goods (c.i.f) - Limitation of time - Dispute as to non-delivery - Clauses in contract contained conflicting provisions as to disputes arising under the contract - Whether plaintiffs’ claim time barred.

[1992] 2 Lloyd's Rep. 563

STONE VICKERS LTD. v. APPLEDORE FERGUSON SHIPBUILDERS LTD.

Insurance (Marine) - Subrogation - Shipbuilding risk insured - Express term in insurance contract that underwriters should have no recourse against co-assured - Plaintiff sub-contractors supplied propeller - Propeller defective - Insurers settled defendant shipbuilders’ claim - Whether plaintiffs co-assured - Whether plaintiffs had interest in subject matter of insurance - Whether plaintiffs entitled to be protected against subrogated claim.

[1992] 2 Lloyd's Rep. 578

HONG KONG BORNEO SERVICES CO. LTD. AND OTHERS v. ANTHONY DAVID PILCHER

Insurance (Marine) - Excess insurance - Interest - Newbuildings insured against delay caused by strikes - Delivery delayed by strikes - No interest awarded on plaintiffs’ claim - Whether club rules debarred plaintiffs’ right to recover interest from excess insurers - Meaning of “pay as may be paid”.

[1992] 2 Lloyd's Rep. 593

JOHN ROBERT CHARMAN v. GUARDIAN ROYAL EXCHANGE ASSURANCE PLC. AND ANOTHER

Reinsurance - Follow settlements clause - Summary judgment - Damage caused to oil refinery by Hurricane Hugo - Reassured settled claim and claimed under reinsurance - Reinsurers denied liability - Whether reinsurers obliged to indemnify reassured under follow settlements liable or not liable clause - Whether reinsurers had arguable defence - Whether reassured entitled to summary judgment.

[1992] 2 Lloyd's Rep. 607

ASHMORE AND OTHERS v. CORPORATION OF LLOYD’S (No. 2)

Contract - Duty of care - Names at Lloyd’s suffered losses on insurance contracts - Allegations that Lloyd’s owed names duty of care - Whether Lloyd’s owed names implied duty to alert names on matters which might affect their underwriting interests - Whether Lloyd’s under duty to impose a premium monitoring system - Whether Lloyd’s immune from suit by virtue of s. 14 of the Lloyd’s Act 1982.

[1992] 2 Lloyd's Rep. 620

MARBIG REXEL PTY. LTD. AND ANOTHER v. ABC CONTAINER LINE N.V. (THE “TNT EXPRESS”)

Bill of lading - Exemption clause - Damage to cargo - Carriers exempt from liability if defective condition of container apparent on reasonable inspection by shipper - Defective container supplied - Bill of lading stated container received in apparent good order and condition - Goods in container badly water damaged - Whether carriers could rely on exemption clause - Australia

[1992] 2 Lloyd's Rep. 636