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.
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.
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.
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.
Charter-party (Time) - Redelivery - Illegitimate last voyage - Repudiatory breach - Vessel ordered on last voyage - Vessel redelivered late - Whether legitimacy of voyage established at date order given - Whether charterers in repudiatory breach.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Arbitration - Award - Costs - Sealed offer - Arbitrators found in favour of owners - Arbitrators made order as to costs - Effect of sealed offer on order as to costs - Whether arbitrators had properly exercised their discretion as to costs.
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.
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.
Practice - Interest - Compound interest - Ship finance - Negotiations between plaintiffs and bank for refinancing of vessel - Court held instalments paid by plaintiffs conditional on conclusion of refinancing deal - Plaintiffs claimed interest - Whether plaintiffs entitled to compound interest.
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.
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.
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.
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.
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.
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.
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.
Practice - Writ - Stay of action - Action by plaintiffs alleging defendants wrongfully deprived plaintiffs of certain moneys - Plaintiffs in liquidation - Whether plaintiffs legally dissolved - Whether liquidator validly appointed - Whether defendants debarred from applying to stay action.
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).
Contract - Performance bond - Construction - Defendants provided advance payment bond in respect of building contract - Builders in receivership - Plaintiffs claimed under bond - Defendants alleged plaintiffs in breach of contract - Whether bond guaranteed performance of contract - Whether plaintiffs’ breach discharged defendants from liability under bond.
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.
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.
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.
Practice - Transfer of proceedings - Actions brought in Chancery Division against defendants - Applications to transfer proceedings to Queen’s Bench Division - Whether inappropriate to leave actions in Chancery Division.
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.
Arbitration - Arbitrators - Appointment - Procedure - Arbitration clause provided for appointment of three arbitrators - Plaintiffs’ arbitrator died before final award as to costs made - Procedure to be followed when appointing replacement arbitrator - Arbitration Act, 1950 ss. 7, 10.
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.
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.
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.
Negligence - Duty of care - Classification society - Vessel developed cracks in hull - Classification society surveyor recommended vessel continue on voyage to discharge port - Total loss of vessel and cargo - Cargo-owners claimed against classification society - Whether classification society owed duty of care to cargo-owners.
Insurance (Marine) - Exclusion clause -Constructive total loss of vessel -Plaintiffs claimed under policy - Whether insurance excluded at time of loss because vessel being used as a houseboat during period when she was laid up.
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.
Charter-party (Time) - Safe port - Vessel traded between Assab and Massawa - Charterers ordered vessel to Massawa - Vessel attacked by Eritrean guerillas - Owners claimed loss suffered by them as a result of casualty - Whether Massawa a safe port.
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.
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.
Insurance (Marine) - Loss of hire and freight - Vessel loaded cargo of molasses at Bandar Abbas - Unable to leave until over a year later - Plaintiffs claimed under insurance policies - Whether losses suffered by plaintiffs covered - Cause of vessels’ detention - Whether plaintiffs’ claim for loss of hire and freight recoverable.
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.
Sale of goods (f.o.b.) - Carrying charges - Delay at loading port due to congestion - Expiry of contractual shipment period - Buyers failed to claim extension of delivery - Whether sellers entitled to claim carrying charges.
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”.
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.
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
 2 Lloyd's Rep. 636
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