Practice - Stay of action - Limitation of time - Dispute as to exclusive jurisdiction clause - Stay granted on condition defendants undertook to waive any time bar point when plaintiffs commenced action in Pakistan - Before order finalized allegation that waiver not possible - Effect of s. 14 of Limitation Act, 1908 in Pakistan.
General average - Non-separation agreement - Construction - Bigham clause - Vessel carrying cargo of oil from Saudi Arabia to Rotterdam - Vessel encountered severe weather and hydraulic steering pumps became heavily damaged - Vessel diverted to port of refuge and general average declared - Contribution from cargo-owners capped under Bigham clause - Whether shipowners could recover balance from hull underwriters - Marine Insurance Act, 1906, s. 66.
Arbitration - Award - Bias - Application to set aside - Sale of goods (c.&f.) - Demurrage dispute referred to arbitration - Refined Sugar Association appointed tribunal - One of the arbitrators involved in earlier dispute with applicant’s consultant - Whether sufficient appearance of bias on part of arbitrator to make it improper for him to act - Whether award should be set aside.
Arbitration - Arbitrator - Removal - Bias - Applicants successful bidder in Saudi telecommunications expansion project - Dispute under contract referred to arbitration - Non-executive director of competitor company appointed arbitrator - Competitor company disappointed bidder for telecommunications expansion project - Whether arbitrator should be removed and awards set aside on ground of bias.
Practice - Injunction - Indemnity claim - Proceedings by P & I club against defendants - Defendants instructed solicitors to act for them - Solicitors also acting for E & O underwriters of club’s managers in claim of indemnity arising out of broker’s action - Whether club entitled to injunction restraining solicitors from acting for defendants.
Admiralty practice - Action in rem - Arrest of vessel - Jurisdiction - Application to set aside - Vessels under demise charters - Charter-party hire in arrears - Owners gave notice terminating charters - Plaintiff creditors arrested vessels and brought actions in rem against demise charterers - Owners alleged demise charterers not beneficial owners of vessels and demise charters terminated - Whether arrest should be set aside on the ground that in rem jurisdiction not properly invoked pursuant to s. 5(2)(b) of the Admiralty Act, 1973.
Arbitration - Arbitration clause - Stay of action - Whether action should be stayed pending arbitration pursuant to s. 7(2) of the International Arbitration Act, 1974 - Whether issue between defendant and third party or between third party and another third party could be determined where no relief claimed - Whether difference or dispute within meaning of arbitration clause - Meaning of “matter” in s. 7(2)(b) - Whether matter in dispute between the first respondent and appellant also matter in dispute between first respondent and second respondent - Whether dispute between appellant and first respondent capable of settlement by arbitration.
Arbitration - Limitation of time - Application for extension - Application for declaration that no extension required - Construction of flood defences at Parkeston Quay, Harwich - Dispute under ICE Conditions of contract in respect of carrying out works - Notice to refer to arbitration out of time - Whether application for extension of time should be granted - Whether declaration that no extension of time required should be granted - Arbitration Act, 1996, s. 12.
Bill of lading - Shipowners’ or charterers’ bill - Damage to cargo - Bills issued in respect of carriage of cargo - Bills signed as agent for carrier - Whether shipowners parties to bills of lading - Whether bills in terms entered into with shipowners’ authority - Liability of shipowners in tort in absence of contract - Whether shipowners entitled to rely on Himalaya clause - Whether claimants had cause of action in tort in respect of damage to cargo - Passing of title - Extent to which bad stowage caused damage sustained after title passed.
Arbitration - Award - Serious irregularity - Disputes under sugar contracts referred to arbitration - Arbitration conducted on documentary evidence only - Claimants alleged arbitrators’ failure to warn that question of liability being reopened a serious irregularity - Whether award should be set aside - Arbitration Act, 1996, ss. 33(1), (2), 68(1).
Arbitration - Award - Costs award - Interest - Enforcement - Leave given to enforce an award on costs in same manner as judgment - No reference to post-award interest on sum awarded - Whether Court could award interest - Whether discretion should be exercised in favour of party that had entered award as judgment - Rate applicable - Arbitration Act, 1996, s. 66 - Supreme Court Act, 1981, s. 35.
Banking - Letter of credit - Indemnity - Sale of goods (f.o.b.) - Payment to be by irrevocable letter of credit against presentation of documents - Allegation that documents discrepant - Whether documents discrepant - Whether defendants entitled to indemnity.
Practice - Costs - Non-Party - Jurisdiction - Claim by plaintiffs against insurers for constructive total loss of vessel - Insurers successfully denied liability - Insurers awarded costs - Insurers sought to recover balance of costs from non-party - Non-party domiciled in Greece - No leave sought or granted to serve summons on non-party out of jurisdiction - Whether Court had personal jurisdiction over non-party - Supreme Court Act, 1981, s. 51 - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 2, 6.
Practice - Stay of action - Forum non conveniens - Group action - Claims by employees of South African subsidiaries of defendant company in respect of asbestos related diseases brought in England - Whether litigation could only be handled as a group action - Whether another available forum clearly and distinctly more appropriate for trial of action - Whether abuse of process - Whether action should be stayed.
Carriage by air - Agency - Passenger service charge - Airline tickets showed passenger service charge as a tax - Whether description misleading - Whether implied term that agents would not be instructed by carriers to participate in giving passengers misleading information - Whether breach of that term - Whether fares on which commission payable included passenger service charge - Whether contracts varied.
Contract - Privity - Doctrine of principled exception to privity of contract - Insurance policy included waiver of subrogation - Charterers included as additional insureds - Charterers negligent in sinking of barge - Barge owners recovered under policy - Claim against charterers - Whether charterers as third party beneficiaries could rely on waiver of subrogation - Whether doctrine of principled exception to privity of contract applied.
Bill of lading -Forged bills - Misdelivery - Plaintiffs’ goods carried on defendants’ vessel to West Africa - Defendants exempted by clause in bill of lading from liability for goods after discharge - Forged bills used to obtain delivery - Whether defendants liable.
Bill of lading - Deceit - Conspiracy - Bill of lading ante-dated - Whether defendants intended that bill of lading would be used to deceive bank -Whether defendants liable in damages for deceit and/or conspiracy - Whether defence of ex turpi causa could be relied on - Whether claims for contribution should be allowed - Civil Liability (Contribution) Act, 1978.
Bill of lading - Estoppel - Identity of shipper - Carriage of lead concentrate in bulk - Vessel took on a list and sank - Shippers named in bill of lading - Shippers a branch company of third party - Shipowners issued proceedings against third party - Whether description of shipper in bill of lading misleading and third party the contracting party - Whether third party estopped from denying they were shippers under bill of lading.
Practice - Aviation - Judicial review - Validity of Air Carrier Liability Order, 1998 - Purpose of order to implement EC Council regulation - Whether regulation valid - Whether question of its validity should be referred to European Court of Justice.
Insurance (Aviation) - War risks - Allied perils - Iraq invaded Kuwait - Iraq removed Kuwaiti aircraft and spares - Plaintiffs claimed under insurances - Plaintiffs entitled to be indemnified in respect of aircraft up to a maximum of U.S.$300 m. and in respect of spares up to a maximum of U.S.$150 m. - Whether credit for value of recovered aircraft to be shared proportionately - Whether recoveries of aircraft to be valued at “agreed values” or market values - Whether recoveries of aircraft and recoveries of spares to be credited against policy limits for aircraft and spares.
Insurance (Marine) - Reinsurance - Back to back cover - Breach of warranty - Insured vessels heavily damaged in storm - Warranty in insurance and reinsurance that owners to maintain vessels in class - Owners in breach of warranty - Whether reinsurance cover back to back with original cover - Whether reinsurers discharged from liability for breach of warranty.
Bill of lading - Limitation of liability - Hague Rules - Damage to cargo - Carriage of goods from Turkey to Canada - Bills of lading subject to Hague Rules - Value of cargo not inserted in bills of lading - Limit of liability per package or unit applicable in Turkey.
Banking - Letter of credit - Rejection of documents - Specified documents to be sent to issuing bank - No weight and measurement list and no certificate of origin sent to issuing bank - Whether stipulated documents essential documents against which negotiation and payment agreed to be made under the terms of the letter of credit.
Charter-party (Voyage) - Strike clause - Construction - Strike or disruption delayed loading of vessel - Whether strike clause ambiguous - Whether a strike within meaning of clause operated so as to interrupt laytime.
Practice - Writ - Extensions - Validity - Reverse of bill of lading blank - Issue as to whether Hague Rules and time bar incorporated - Extensions of writ granted ex parte - Whether extensions and service of writ should be set aside - Effect of CPR.
Practice - Discovery - “Without prejudice” material - Waiver - Plaintiffs claimed damages for professional negligence - Application for discovery of without prejudice material - Whether defendants had waived without prejudice privilege.
Insurance brokers - Commission - Entitlement - Placing of political risks insurance in London market - Agreement between placing brokers as to split in commission - Whether agreement legally binding - Whether brokers effective cause of final placing - Whether brokers entitled to reasonable commission if agreement not binding.
Sale of goods (f.o.b.) - Non-performance - Set-off - Seller sold quantity of crude oil to buyer - Price remained outstanding - Buyer sought to set off sums allegedly due under contracts between buyer’s affiliates and seller’s affiliates - Whether buyer entitled to set-off - Whether seller entitled to summary judgment.
Banking - Jurisdiction - Letter of credit - Place of performance of obligation - Agreement for sale of vessel - Payment to be by irrevocable letter of credit against presentation of documents - Instruction for payment to be made in London - Whether England place of performance of obligation - Whether English Court had jurisdiction - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 5. Banking - Letter of credit - Non-conformity - Agreement for sale of vessel - Payment to be by irrevocable letter of credit against presentation of documents - Delivery date in bill of sale a day later than range of dates specified in letter of credit - Whether bill of sale a non-conforming document.
Admiralty practice - Maritime claims - Priority - Vessel in collision with three yachts - Owners of one of the yachts obtained security for damages claim - Other owners claimed damages - Backlog of unpaid crew wages built up - Vessel sold - Whether damage claimants had priority over wages’ claimants - Whether claimant who obtained security had same priority as other damage claimants.
Shipbuilding contract - Exemption clause - Construction - Builders contracted to build three bulk carriers for buyers - Guarantee period expired - Allegations of defects in erection welding of vessels - Buyers claimed costs of repairing the welding and depreciated value of vessels - Whether liability excluded for defects arising after expiry of guarantee period - Whether losses claimed recoverable.
Carriage by air - Indemnity - Loss of cargo - Contract between plaintiffs and carrier for carriage of mail - Aircraft crashed and aircraft and mail cargo totally destroyed - Plaintiffs settled claims by cargo-owners - Whether plaintiffs could recover sums so paid from carrier - Whether plaintiffs could claim against carrier under Carriage by Air Acts (Application of Provisions) Order, 1967.
Sale of ship - Jurisdiction - Interlocutory injunction - Negotiations for sale - During negotiations plaintiff paid money to second defendant - Allegation that no contract for sale made - Plaintiff sought return of moneys - Whether claim “relating to” ownership of ship - Whether Court had jurisdiction to entertain claim - Whether plaintiff entitled to interlocutory injunction restraining second defendant from paying moneys over to first defendant - Australian Admiralty Act, 1988, s. 4(2)(a).
Sale of ship - Guarantee - Norwegian Sale form - Clause 9 - Construction - Meaning of words “should any claims which have been incurred prior to time of delivery be made against the vessel” - Whether “claims made against the vessel” required commencement of proceedings in rem - Whether ownership claims within cl. 9 - Whether time limit in guarantee applied to date when claim made or date when loss sustained - Whether financial limits applied per claim or overall.
Arbitration - Award - Validity - Enforcement - Agreement in 1995 to refer disputes to arbitration - Award made pursuant to agreement - Appeal against award on grounds that defendant not given proper occasion to state his case and arbitrator acted without proper impartiality, dismissed - Whether defendant received fair trial - Whether 1995 agreement enforceable - Whether plaintiff had capacity to contract - Whether enforcement of award should be refused because defendant unable to present his case in arbitration - Arbitration Act, 1975, s.5(2)(c).
Carriage by air - Jurisdiction - Negative declarations - Joinder of parties - Starboard landing gear of aircraft failed - Manufacturers of landing gear applied for declarations of non-liability - Whether Court had jurisdiction to grant negative declarations - Whether first defendants should have been joined in action - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 2, 5.3, 6.
Contract - Construction - Limitation of time - Contract for supply of bunkers - Claimants alleged breach of implied term of quiet enjoyment - Whether claim time barred - Whether time bar clause incorporated in sale contract - Whether Unfair Contract Terms Act, 1977 precluded defendants from relying on time bar.
Admiralty practice - Limitation of time - Collision - Construction - Vessel came into contact with terminal - Scope of word collision - Whether encompassed contact between vessel and another object whether fixed or moveable or only between vessel and another vessel - Whether claimants’ claim subject to statutory limitation.
Charter-party (Voyage) - Laycan - Construction - Status of term narrowing laycan spread - Whether an option or obligation - Whether compliance with clause a condition precedent - Whether charterers’ failure to nominate port breach of condition precedent to owners’ nomination of vessel - Whether charter-party repudiated.
Arbitration - Leave to appeal - Section 9 - Jurisdiction - Disputes under contract to be referred to arbitration in Netherlands - Plaintiffs issued writ against defendants - Application for stay refused - Whether Court of Appeal had jurisdiction to entertain appeal - Supreme Court Act, 1981, s. 18 - Arbitration Act, 1996, s. 9.
Admiralty practice - Arrest of vessel - Application to set aside - Vessel under bareboat charter sank alongside berth and became a wreck - Bareboat charter terminated - Owner claimed to be indemnified for costs of removal of wreck - Owner arrested defendant’s vessel - Whether arrested vessel a sister ship of chartered vessel - Whether arrest should be set aside - Supreme Court Act, 1981, s. 21(4).
Arbitration - Award -Leave to appeal - Contract to finance produce and export of polyester yarn - Disputes under agreement referred to arbitration - Award in favour of respondent - Applicant applied for leave to appeal - Allegations of serious irregularity - Arbitration Act, 1996, ss. 68, 69.
Port agency - Vicarious liability - Constructive trust - Secret commission - Claim that second defendant in return for appointment as port agent for vessels nominated by claimant paid claimant’s former operation’s manager secret commission - Whether payments bribes - Whether second defendants vicariously liable for activities of their employees in making arrangements - Whether vicariously liable under Belgian law - Whether second defendants could be regarded as constructive trustees.
Sale of goods (f.o.b.) - Late delivery - Calculation of damages - Sale of quantity of crude oil - Breach of condition that delivery to be during a certain period - Claimants entered into contracts for differences and then entered into futures contracts to protect their position - Claim by claimants for losses suffered - Calculation of damages.
Sale of goods (f.o.b.) - Repudiation - Prohibition clause - Construction - Sale of wheat f.o.b. Split or Rijeka - Sellers alleged prohibition of export - Sellers advised balance could not be shipped and then advised there would be no more shipments - Whether contracts repudiated - Whether repudiation accepted - Whether arbitration award should be remitted or set aside.
Insurance (Marine) - Valued policy - Construction - Fire broke out on insured vessel and vessel a constructive total loss - Claimants claimed under policy - Defendants denied liability alleging misrepresentation and non-disclosure - Trial of preliminary issue ordered - Whether insurance effected on vessel an agreed valued policy - Marine Insurance Act, 1906, s. 27(2).
Admiralty practice - Action in rem - Writ - Application to set aside - Carriage of cargo from India to China - Cargo never delivered to China - Sister ship arrested - Whether sister ship and carrying vessel owned by same entity at time goods shipped - High Court (Admiralty Jurisdiction) Act, (Cap. 123).
Charter-party (Time) - Delay - Detention - Off-hire - Damage to cargo by ingress of seawater - Vessel ordered off her discharging berth until security put up for costs of storing and removing damaged cargo from the port area - Whether owners or charterers to put up security - Whether vessel delayed or detained - Whether vessel off hire pending provision of security - Whether delay occasioned by act, omission or default of charterers.
Arbitration - Stay of action - Section 9 - Claimant entered into building contract with defendant - Disputes to be referred to arbitration - Claimant carried out further works - Claimant brought action alleging that further works carried out under oral contract which did not contain arbitration clause - Whether subject matter of action covered by arbitration agreement - Whether action should be stayed - Arbitration Act, 1996 s. 9.
Bill of lading - Title to sue - Limitation of time - Carriage of goods from Bremen to Dubai - Two different sets of bills of lading issued - Damage to goods - Whether first and second claimants had title to sue - Whether claim by second claimants time barred.
Shipbuilding contract - Termination - Effective contract - Express condition precedent - Contract for construction of catamaran - Finance company to approve finance terms - Claimants terminated negotiations - Defendants alleged breakdown caused by guarantor’s failure to comply with obligation to accept finance package put forward by finance company - Whether claimants entitled to return of moneys.
Contract - Rejection - Sale of goods - Agreement for sale of vehicle used for recovery of other vehicles - Terms as to delivery and time for payment - Allegation that vehicle did not comply with Iveco guidelines - Whether and when defendants rejected goods - Whether rejection valid - Whether defendants entitled to damages - Quantum.
Contract - Construction - Manipulation of crude oil - Agreement between claimant and refinery - Whether agreement obliged refinery to make exclusive use of claimant - Whether a minimum quantity stipulated in agreement - Whether on failure of parties to agree price for manipulation agreement discharged.
Bill of lading - Short delivery - Liability - Cargoes of oils carried to Karachi - Plaintiffs alleged cargo shortlanded - Identity of carrier of consignment - Whether consignment shortlanded - Whether carrier liable - Liability of ship’s agents.
Practice - Anti-suit injunction - Joinder of potential co-claimants - Application to set aside service of proceedings - Defendants sold insurance group to management buy-out - Negotiations conducted with claimant - Defendant alleged it had been victim of fraud - Defendant brought proceedings in New York - Claimant alleged New York proceedings vexatious and oppressive and in breach of exclusive English jurisdiction clause - Whether anti-suit injunction should be granted - Whether exclusive English jurisdiction clause applicable - Whether potential co-claimants should be joined in English proceedings for anti-suit injunction - Whether service out of jurisdiction should be set aside.
Contract - Variation - Letter of credit - Agreement to stage Grand Prix in Korea - Defendant undertook not to grant right to anyone other than claimant to stage Grand Prix in Korea - Obvious that Grand Prix would not be staged - Whether defendants varied contract by promising to revoke letter of credit or not to enforce it.
Insurance (Marine) - MAR form - Construction - Insurance provided in respect of Gannet Project - Claims under insurance - Whether pure economic loss covered - Whether s. 55, Marine Insurance Act, 1906 applicable.
Admiralty practice - Arrest of vessel - Security for release - Breach of charter-party - Vessel arrested - Bank guarantee provided for release of vessel - Application to reduce amount of security and to ask for respondent to provide security on counterclaim - Whether Court had jurisdiction to grant such application - Whether securing of a counterclaim in proceedings before a foreign tribunal a condition that might be imposed by Courts - Admiralty Jurisdiction Regulation Act 105 of 1983, s. 5(3).
Collision - Liability - Vessels initially on starboard to starboard courses - Collision in Arabian Sea off Yemen - Courses steered by vessels - Slow alteration of course by defendants’ vessel - “In sight” rules applicable - Use of ARPA radar system - Sidelights not complying with Collision Regulations - Whether crossing rules applied - Liability for collision - Apportionment of liability.
Charter-party (Time) - Employment and agency clause - Discharge of cargo - Receivers at first port of discharge requested discharge of additional cargo - Owners agreed but only against letter of indemnity - Cargo shortlanded at second discharging port - Whether receivers acting as agent of charterers - Whether shortlanding at second discharge port due to act, neglect or default of owners.
Charter-party (Time) - Fire - Damage to cargo - Carriage of cargo of cotton and ferro-silicon - Fire caused by stevedores dropping lit cigarettes and/or matches - Liability for stowage - Whether terms that stevedores would not be careless and that charterers would employ competent stevedores should be implied - Whether stevedores competent - Whether vessel off hire - Whether vessel delayed by loading dangerous cargo in the form of ferro-silicon.
Carriage by air - Limitation of liability - Warsaw Convention - Aircraft chartered to carry engines - Engine damaged while being unloaded from plaintiff’s lorry using a ten-ton fork-lift truck - Whether engine in the charge of carriers - Whether accident occurred in aerodrome - Whether there was wilful misconduct or recklessness with knowledge that damage would probably result - Whether defendants could rely on Warsaw Convention to limit liability.
Practice - Concurrent writ - Application to set aside - Stay of action - Thailand jurisdiction clause - Damage to cargo - Claimants served concurrent writs on defendants - Allegation that concurrent writs a nullity because issued after expiry of original writ and no extension of validity of original writ sought - Whether concurrent writs and/or service should be set aside - Whether Thailand more appropriate forum for trial of action - Whether action should be stayed.
Sale of goods (f.o.b.) - Jurisdiction clauses - Stay of action - Sellers sold quantity of crude oil to buyers - Price remained outstanding - Buyers entitled to set off sums allegedly due under contracts between buyers’ affiliates and sellers’ affiliates - Contracts contained Hong Kong and English law and jurisdiction clauses - Whether Hong Kong clause an exclusive jurisdiction clause - Whether Hong Kong more convenient forum - Whether English proceedings should be stayed - Whether third party notice could be served on sellers’ affiliates.
Sale of goods - Contract - Oral agreement - Contract of sale of barrels of oil - Claim in respect of unpaid invoices - Application for appointment of arbitrator- Respondent denied agreement made on its behalf - Whether agreement made with respondent’s actual authority - Whether respondent estopped from denying that it was party to agreement by doctrine of ostensible authority - Whether respondent entitled to declaration that it was not party to alleged contract.
 1 Lloyd's Rep. 682
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