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.
Admiralty practice - Action in rem - Arrest of vessel - Jurisdiction - Damage to cargo - Defendants domiciled in Contracting State - Præcipe for caveat against arrest issued - Vessel arrested but released immediately - Bail bond given - Whether vessel arrested to secure maritime claim - Whether arrest within meaning of Arrest Convention - Whether præcipe and bail bond submission to jurisdiction - Civil Jurisdiction and Judgments Act, 1982 s. 26, arts. 2, 57 - Arrest Convention 1952 art. 7.
Conflict of laws - Sovereign immunity - Jurisdiction - Invasion of Kuwait by Iraq - Defendants instructed to bring Kuwaiti fleet to Iraq - Whether defendants immune from jurisdiction of English Courts - Whether immunity lost by submitting to jurisdiction - State Immunity Act, 1978 ss. 2, 14(2).
Unseaworthiness - Due diligence - Carriage by sea - Failure of shell plating on port side of No. 4 hold - Total loss of cargo - Whether vessel unseaworthy - Whether unseaworthiness caused by want of due diligence.
Admiralty practice - Arrest of vessel - Sister ship - Plaintiffs alleged breach of contract - Whether claim arose out of agreement relating to carriage of goods or use of identified vessel - Whether plaintiffs entitled to arrest vessel on sister ship basis - Whether claim for disbursements arose in connection with particular vessel - Whether Court had jurisdiction - Supreme Court Act, 1981 s. 20(2)(h), (p).
Reinsurance - Jurisdiction - Vexatious or oppressive proceedings - Natural forum - Claims relating to environmental impairment insurance - Actions brought in Illinois - Application by third party for injunctions to restrain plaintiffs proceeding in Illinois - Whether Court had jurisdiction to grant injunctions - Whether proceedings vexatious or oppressive - Whether London or Illinois natural forum - Whether injunctions should be granted - R.S.C., O. 29, r. 1 - Relationships with O.16, rr.8 and 9 - Inherent jurisdiction of the Court - Art. 6(1) Brussels Convention - Racketeer Influenced and Corrupt Practices Act (U.S.) - Protection of Trading Interests Act, 1980, ss.5 and 6.
Arbitration - Arbitration clause - Jurisdiction - Vessel collided with lightening vessel - Whether claims made in London and in Italy within arbitration clause and within jurisdiction of London arbitrators - Whether charterers should be restrained from proceeding in Italy.
Insurance (Contractors All Risks) - Construction - Plaintiffs contractually bound to carry out works at Barrow-in-Furness docks - Defects in design material and workmanship -Plaintiffs required to remedy defects - Whether rectification of defects within insurance cover.
Charter-party (Time) - Time lost - Net loss of time clause - Vessel drydocked at Pireaus after discharging at Ravenna - Vessel ordered to Novorossiysk - Whether time lost by drydocking from dropping of outward pilot at Ravenna - Whether voyage to Piraeus en route to Novorossiysk and no time lost.
Charter-party (Voyage) - Demurrage - Transhipment - Owners given option to tranship - Whether owners entitled to recover damages from charterers in respect of discharging operations from vessel into which cargo was transhipped.
Practice - Writ - Concurrent writ - Validity - Plaintiffs claimed for cargo damage - Writ marked not for service out of jurisdiction issued - Whether defendants’ solicitors had authority to accept service - Writ renewed and concurrent writ served out of jurisdiction - Whether validly served - Whether proceedings should be set aside.
Sale of goods (c.i.f.) - Sampling and analysis - Incorporation clause - Sale of M.40 fuel oil - Price adjustment by reference to viscosity - Whether SGS analysis final and binding on parties - Effect of incorporation clause - Whether implied terms incorporated in contract.
Banking - Letter of credit - Collection - Bills of exchange expressed to be payable to plaintiffs - Defendants effected payment to “beneficiaries” of bills of exchange - Whether defendants in breach of contract to collect proceeds on behalf of plaintiffs - Whether plaintiffs made out a case suitable for summary judgment - Whether action should be heard in Nigeria as more convenient forum.
Sale of goods (f.o.b.) - Non-acceptance - Non-contractual tender - Sellers tendered alternative parcel at place other than named port - Whether place of delivery a condition or an innominate term - Whether buyers estopped from asserting that delivery did not comply with contract - Whether sellers entitled to claim damages. Sale of goods (f.o.b.) - Damages - Available market - Buyers rejected alternative parcel - Whether sellers entitled to damages on basis of actual resale price difference and expenses of resale - Whether available market.
Practice - Reinsurance - Affidavit evidence - Application to strike out - Reinsurers issued letters of credit in favour of reinsured - Reinsurers alleged contracts avoided for fraudulent misrepresentation and non-disclosure - Affidavits relied on DTI investigations - Whether parts of affidavit referring to DTI reports should be struck out. Reinsurance - Letters of credit - Allegations of fraud - Reinsurers issued letters of credit in favour of reinsured - Reinsurers alleged contracts avoided for fraudulent misrepresentation and non-disclosure - Whether injunction restraining payment under letter of credit should be granted - Whether reinsured should be restrained from disposing of any sums drawn under letter of credit.
Sale of goods (c.i.f.) - Sale by description - Merchantable quality - Defendants alleged gasoil contaminated by bacteria in such quantities as to be non-acceptable - Whether presence of bacteria affected price or merchantability - Whether plaintiffs entitled to recover moneys deducted by defendants from sale price.
Insurance (Marine) - EEC meat subsidy - Perils insured against - Egyptian authorities rejected cargo of meat - Meat resold to Russia - Lower EEC subsidy applicable to Russia - Plaintiffs claimed loss of part of subsidy - Whether plaintiffs had to prove rejection of meat caused by peril insured against.
Charter-party (Time) - Off-hire - Set-off - Practice - Claims for deduction of hire and bunkers - Whether liquidated sums - Whether claims capable of being set-off at common law. Arbitration - Set-off - Off-hire claims - Dispute under charter subject to arbitration clause - Whether set-off pleaded not actionable since claim within arbitration clause.
Arbitration - Arbitration clause - Bill of lading - Plaintiffs alleged misdelivery of cargo - Clause in fixture confirmation telex provided “General average/Arbitration in London - English law to apply” - Construction - Whether claim to be referred to arbitration in London before single arbitrator - Whether plaintiffs entitled to relief claimed.
Arbitration - Award - Validity - Application to set aside - Dispute between owners and charterers - Owners referred claim to arbitration - Communication between owners’ solicitors and charterers’ agent - Arbitrator made award - Whether charterers received actual notice of relevant stages in purported arbitration - Whether award binding on charterers - Whether award should be set aside.
Arbitration - Award - Further reasons - Application to remit - Arbitrators held buyers lost right to reject goods and documents - Whether arbitrators’ conclusion justified - Whether buyers had waived contractual right to insist on goods being loaded at INCOBRASA terminal or were estopped from relying on such loading as breach of contract - Whether application to remit for further reasons should be granted.
Carriage by sea - Limitation of time - Damage to cargo - Amended statement of claim - Plaintiffs claimed under bill of lading - Statement of claim amended to claim under charter-party - Defendants not party to charter - Whether amended claim within Hague Rules time limit - Whether plaintiffs entitled to reamend statement of claim to rely on bill of lading.
Banking - Letter of credit - Forum-non-conveniens - Proper law - Claims under letters of credit issued by Bangladeshi bank and confirmed by Hong Kong bank - Action brought in England - Whether proper law of letters of credit Bangladeshi law - Whether Bangladeshi Courts more appropriate forum - Whether English action should be stayed. Conflict of laws - Proper law - Letter of credit - Forum-non-conveniens - Letters of credit issued by Bangladeshi bank and confirmed by Hong Kong bank - Whether proper law of letters of credit Bangladeshi law - Whether Bangladesh more appropriate forum - Whether action should be stayed.
Banking - Letter of credit - Mistake - Knowing assistance - Deceit - Letter of credit opened in respect of shipment of cargo of steel - Underlying transactions fictitious - Money paid away on customer’s instructions - Whether plaintiffs could recover their losses from defendants as money paid under mistake of fact - Whether defendants constructive trustees who knowingly assisted in a breach of trust - Whether plaintiffs entitled to damages for deceit.
Banking - Sale of ship - Notice requiring sale - Undertaking in loan agreement that if vessel had not secured employment bank could require vessel to be sold - Whether notice requiring sale served within reasonable time - Whether implied limitation on time within which bank entitled to serve notice - Whether plaintiffs in default of loan agreement.
Arbitration - Award - Disclosure - Reinsurance - Reinsurers avoided policy for non-disclosure - Dispute referred to arbitration - Award obtained against leading reinsurer - Whether defendants entitled to show the award and reasons to other reinsurers.
Insurance (Business Interruption) - Consequential loss - Insurable interest - Development of building - Architects’ plans and drawings destroyed by fire - Plaintiffs claimed costs of reproducing plans and revenue lost by delay in completion - Whether plaintiffs had insurable interest - Whether plaintiffs could recover under the policy.
Practice - Garnishee order - Intervenors - Amount in “SIP” account subject to order - Order to be made absolute - Intervention by EC Commission - Whether amount in account subject to trust or equitable interest - Whether Community law precluded order from being made absolute - Whether a proper exercise of discretion if order made absolute.
Carriage by road - CMR - Carriage of tank of chemicals - Defendants delivered tank of detergent - Plaintiffs alleged refinery had to be shutdown for cleaning and claimed damages - Whether plaintiffs’ claims limited or excluded by CMR and or defendants’ standard trading conditions or RHA conditions - Whether defendants entitled to be indemnified.
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 - Questions on interpretation of arts. 21, 22 and 57 of Brussels Convention, 1968 addressed to European Court.
Arbitration - Arbitrators - Thir d arbitrator - Clause in agreement that disputes to be referred to arbitrators - Whether reference should be to three arbitrators - Whether appointment of third arbitrator valid - Whether umpire should be allowed to attend the hearing if plaintiffs did not consent.
Banking - Guarantee - Ultra vires - Local council guaranteed development company’s liabilities - Whether Council had statutory power to enter into guarantee - Whether Council acting ultra vires - Construction of guarantee - Whether variations in loan agreement discharged liability under guarantee - Whether bank or Council could rely on variations by reason of estoppel, waiver or fraud - Quantum.
Practice - Application to set aside - Stay of action - Plaintiffs claimed damages for conspiracy, moneys allegedly due under constructive trusts and damages for breaches of duties relating to four transactions - Whether plaintiffs’ claims should be tried - Application of arts. 16, 21, 22 and 27 of the Brussels Convention and R.S.C., O. 11 - Whether action should be stayed pursuant to arbitration clause.
Insurance (Marine) - Constructive total loss - Owners’ connivance - Fire broke out on vessel - Shipowner claimed under policy - Underwriters alleged vessel deliberately set on fire with shipowners’ connivance - Whether allegation proved to relevant standard - Responsibilities of expert witnesses - Whether underwriters liable.
Unseaworthiness - Due diligence - Breach - Fire occurred on defendants’ vessel - Likely cause of fire - Whether vessel unseaworthy at beginning of voyage - Whether defendants exercised due diligence - Quantum - Whether salvage expenses recoverable - EEC restitution claim.
Arbitration - Foreign arbitral award - Enforcement - Convention award made in plaintiffs’ favour - Defendants granted stay of execution on order granting leave to enforce award - Application for removal of stay - Whether Court had jurisdiction to grant stay of enforcement of Convention award - Arbitration Act, 1975, ss. 3, 5 - Arbitration Act, 1950, s. 26 - R.S.C., O. 47, r. 1.
Practice - Costs - Contingency fee basis - Piper Alpha disaster - Plaintiff retained services of non-party to process claim against defendant - Defendants held not liable - Defendants awarded costs - Whether defendants could recover costs from non-party.
Practice - Costs - Non-party - Plaintiffs claimed damages for repudiation of charter - Defendants ordered to pay costs on indemnity basis - Plaintiffs unsuccessful in enforcing order - Plaintiffs claimed against P. & I. Club - Club not party to litigation - Whether Court should exercise its discretion and order club to pay costs - Supreme Court Act, 1981 s. 51.
Contract - Construction - “Sole judge” - Contract regarding supplement to Tanker Liability for Pollution - Clause provided defendants to be “sole judge” of validity of claim made under it - Effect of words “Sole judge” - whether unchallengeable in English Courts.
Sale of ship - Norwegian Saleform - Construction of cl. 11 - Sellers sold vessel to buyers - Dispute as to condition of vessel on delivery - Whether sellers under obligation to notify classification society prior to delivery of matters affecting class which came to their knowledge as from contract date, last survey date or some other date.
Sale of goods (f.o.b.) - Force majeure clause - Under-delivery - Sellers to provide certificate attesting to force majeure event - Whether certificate should also state that sellers’ supply adversely affected by force majeure event and that sellers unable to obtain goods from alternative source - Whether sellers could rely on force majeure clause. Practice - Procedure - New issue on appeal - Court decided in favour of buyers on ground of its own devising - Issue not pleaded or investigated at trial or argued on appeal - Whether sellers’ appeal against decision should be allowed.
Charter-party (Demise) - Limitation of time - Estoppel - Cargo-owners alleged damage to cargo by contamination - Exchange of telexes between cargo-owners and vessel’s P. and I. Club - Whether demise charterers granted extension of time - Whether demise charterers estopped from relying on one year time limit.
Arbitration - Security for costs - Injunction - Claim and counterclaim under charter-party - Plaintiffs obtained order for security for costs and stay of counterclaim - Defendants failed to put up security - Whether order should be set aside - Whether stay should be made permanent - Whether plaintiffs entitled to injunctions against defendants.
Arbitration - Arbitration clause - Validity - Rectification - Contract for development, sale and export of crude oil - Clause in contract that “Arbitration, if any, by I.C.C. Rules in London” - Whether a binding arbitration clause - Whether contract should be rectified.
Insurance (Marine) - Loss of earnings insurance - Indemnity - Reefer vessel insured with defendants - Damage to generator discovered - Plaintiffs claimed under policy - Defendants alleged vessel anyway due for lay up and cover not applicable - Whether vessel waiting for appropriate employment - Whether plaintiffs had insurable interest. Practice - Discovery - Marine insurance - Plaintiffs claimed for loss of earnings - Defendants alleged discovery given by plaintiffs on elective basis - Whether defendants entitled to dismissal of action for default in discovery - R.S.C., O. 24, r. 16.
Insurance (Marine) - Unseaworthiness - Utmost good faith - Breach - Fire in vessel’s engineroom - Vessel constructive total loss - Claim under insurance - Whether vessel sent to sea in unseaworthy state with privity of assured - Whether plaintiffs in breach of duty of utmost good faith.
Practice - Mareva injunction - Variation - Application by bank not a party to action - World-wide Mareva obtained against defendants’ accounts held with bank - Whether bank entitled to vary order to protect itself in circumstances where its subsidiary in New Caledonia might make payment to the defendants.
Reinsurance - Stop-loss policies - Illegality - Insurers not authorized under Insurance Companies Acts to carry on insurance business in the U.K. - Plaintiffs claimed under policies - Insurers alleged inter alia policies illegal and void and therefore unenforceable - Whether policies enforceable by virtue of s. 132 of the Financial Services Act, 1986 - Whether loss too remote.
Practice - Discovery - Privileged documents - Dispute under E.C.G.D. guarantee - Defendants asked for discovery of documents - Plaintiffs alleged documents privileged - Whether plaintiffs and defendants had common interest in litigation - Whether documents within contractual disclosure obligation - Whether documents privileged.
 1 Lloyd's Rep. 692
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