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Lloyd's Law Reports
AUTHOR: Michael Daiches, Barrister, and Professor Robert Merkin
ISBN: 1234-23-4936
Lloyd's Law Reports
Author: Michael Daiches, Barrister, and Professor Robert Merkin
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Browse 2011 Archive by Volume
Reports for Volume 1, 2011
AP MOLLER-MAERSK A/S v SONAEC VILLAS CEN SAD FADOUL AND OTHERS
Carriage of goods by sea — Jurisdiction — Straight bill of lading containing exclusive English jurisdiction clause — Shipper surrendering bill to carrier in return for new bill naming different consignee — Carrier delivering goods to consignee named in new bill — Whether shipper entitled to agree with carrier to terminate original contract of carriage — Consignee under original bill bringing proceedings against carrier in Benin — Whether jurisdiction clause survived termination of contract of carriage — Whether consignee in breach of exclusive jurisdiction clause — Whether consignee’s rights under original bill ceased to exist on surrender of bill — Carrier applying for summary judgment — Whether court had jurisdiction to make declarations sought — Carriage of Goods by Sea Act 1992.
[2011] 1 Lloyd's Rep. 1
CELESTIAL AVIATION TRADING 71 LTD v PARAMOUNT AIRWAYS PVT LTD
Lease of aircraft — Lessor terminating lease due to lessee’s failure to pay monies due — Claim for delivery up of aircraft — Whether court had equitable jurisdiction to grant relief from forfeiture in relation to an aircraft operating lease — Whether relief should be granted.
[2011] 1 Lloyd's Rep. 9
CHALBURY MCCOUAT INTERNATIONAL LTD v P G FOILS LTD
Arbitration — Application for appointment of arbitrator — No designated seat of arbitration — Whether English court had jurisdiction to give permission for service abroad — Whether sufficient connection with England — Arbitration Act 1996, sections 4(2), 15(3) and 18 — CPR Part 62.5(1)(c) — Rome Convention, article 4.
[2011] 1 Lloyd's Rep. 23
GUANGZHOU DOCKYARDS CO LTD v ENE AEGIALI I
Arbitration — Party autonomy — Appeal on question of fact — Whether parties to arbitration agreement could agree on appeal on questions of fact — Arbitration Act 1996.
[2011] 1 Lloyd's Rep. 30
KAYE v NU SKIN LTD
Arbitration — Stay of proceedings — Distribution contract governed by English law with arbitration clause specifying Utah — Whether clause brought to attention of claimant — Whether clause unfair — Unfair Contract Terms Act 1977, section 13(2) — Arbitration Act 1996, section 9.
[2011] 1 Lloyd's Rep. 40
OMAK MARITIME LTD v MAMOLA CHALLENGER SHIPPING CO (THE “MAMOLA CHALLENGER”)
Charterparty (Time) — Damages — Charter prematurely repudiated by charterers — Owners claiming damages by reference to wasted expenditure — Owners earning more from substitute fixtures than would have been earned under time charter — Owners sustaining no net loss — Whether owners nevertheless entitled to recover wasted expenditure as reliance loss.
[2011] 1 Lloyd's Rep. 47
ANGARA MARITIME LTD v OCEANCONNECT UK LTD AND ANOTHER (THE “FESCO ANGARA”)
Sale of goods — Bunkers supplied to time-charterers but not paid for — Ownership of bunkers remaining with bunker suppliers — Charterers redelivering vessel prematurely — Whether shipowners liable in conversion — Whether title to bunkers passed to shipowners on redelivery of vessel — Sale of Goods Act 1979, section 25(1) — Bailment — Whether shipowners in breach of duty as bailees.
[2011] 1 Lloyd's Rep. 61
DURHAM TEES VALLEY AIRPORT LTD v BMIBABY LTD AND ANOTHER
Contract — Construction — Airline company agreeing with airport company to base two aircraft operating exclusively from airport for period of 10 years — Airline company withdrawing aircraft from airport after only three years — Whether contract imposed positive obligations on airline company — Whether contract sufficiently certain to be enforceable — Whether implied term that airline company would operate the aircraft in a reasonable manner — Damages — Basis of assessment.
[2011] 1 Lloyd's Rep. 68
OCEANBULK SHIPPING & TRADING SA v TMT ASIA LTD AND OTHERS
Practice — Evidence — “Without prejudice” privilege — Whether evidence of “without prejudice” communications admissible for purpose of construing written settlement agreement.
[2011] 1 Lloyd's Rep. 96
SEBASTIAN HOLDINGS INC v DEUTSCHE BANK AG
Conflict of laws — Stay of proceedings — Actions between the parties in both New York and England — Whether English claims governed by exclusive jurisdiction clauses — Whether proceedings could be stayed on the basis of forum non conveniens.
[2011] 1 Lloyd's Rep. 106
RAIFFEISEN ZENTRALBANK OSTERREICH AG v ROYAL BANK OF SCOTLAND PLC
Banking — Syndicated loan — Misrepresentation — Whether false statements made — Inducement — Contractual estoppel — Exclusion of liability for misrepresentation — Measure of damages — Misrepresentation Act 1967, sections 2(1) and 3 — Unfair Contract Terms Act 1977, section 11.
[2011] 1 Lloyd's Rep. 123
COSCO BULK CARRIER CO LTD v TEAM-UP OWNING CO LTD (THE “SALDANHA”)
Charterparty (time) — Off-hire — Vessel seized by Somali pirates — Whether off-hire event — NYPE form, clause 15.
[2011] 1 Lloyd's Rep. 187
ISLAMIC REPUBLIC OF IRAN SHIPPING LINES v STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD HM TREASURY (INTERESTED PARTY)
Insurance (marine) — Termination of cover by P&I Club — Whether contract affected by supervening illegality — Whether contract frustrated — International Convention on Civil Liability for Bunker Oil Pollution Damages 2001.
[2011] 1 Lloyd's Rep. 195
PARBULK AS v KRISTEN MARINE SA AND ANOTHER
Sale of ship — Sale and leaseback of newbuild vessels on Barecon terms — Buyer obtaining loan of purchase price from bank on terms that it should enter into swap agreements — Delay in construction of vessels — Buyer giving notice of cancellation — Sale agreement providing that in event of cancellation seller should pay buyer its “proven expenses” including “breakage cost with the Buyer’s lenders” — Buyer seeking summary judgment for costs incurred in breaking swap agreements and other out-of-pocket expenses — Summary judgment — CPR Part 24.
[2011] 1 Lloyd's Rep. 220
RAINY SKY SA AND OTHERS v KOOKMIN BANK
Contract — Guarantee — Shipbuilding contracts — Bank issuing advance payment bonds guaranteeing repayment to buyers of pre-delivery instalments of purchase price in certain events — Whether bond covered contractual repayments due from shipbuilder to buyers on insolvency of shipbuilder.
[2011] 1 Lloyd's Rep. 233
BRODA AGRO TRADING (CYPRUS) LTD v ALFRED C TOEPFER INTERNATIONAL GMBH
Arbitration — Jurisdiction — Denial of jurisdiction of arbitrators — Whether applicant entitled to relief under section 72 of the Arbitration Act 1996 — Extension of time for appeal under section 67 of the 1996 Act — Exercise of discretion — Arbitration Act 1996, section 80(5).
[2011] 1 Lloyd's Rep. 243
CLAXTON ENGINEERING SERVICES LTD v TXM OLAJ-ÉS GÁZKUTATÓ KFT
Arbitration — Application for stay of English proceedings — Whether court should determine jurisdictional issue — Arbitration Act 1996, section 9 — Brussels Regulation, Council Regulation (EC) No 44/2001, articles 2 and 23.
[2011] 1 Lloyd's Rep. 252
FR LÜRSSEN WERFT GMBH & CO KG v HALLE
Conflict of laws — Jurisdiction — Claim by German shipbuilder against American purchaser of motor yacht for commission on sale of yacht to party introduced by claimant — Whether agreement for payment of commission governed by English law — Rome Convention, article 3.1.
[2011] 1 Lloyd's Rep. 265
GLEDHILL v BENTLEY DESIGNS (UK) LTD
Agency — Duty of good faith — Abusive comments made by agent to principal’s managing director — Whether principal entitled to terminate agency.
[2011] 1 Lloyd's Rep. 270
R (ON THE APPLICATION OF KIBRIS TÜRK HAVA YOLLARI AND ANOTHER) v SECRETARY OF STATE FOR TRANSPORT THE REPUBLIC OF CYPRUS (INTERESTED PARTY)
Carriage (air) — Civil aviation — Public international law — Sovereignty — Meaning of territory of state party for the purpose of operating flights — Rights and entitlements of a state party to the Chicago Convention on International Civil Aviation 1944, articles 6 and 10 — Vienna Convention on the Law of Treaties 1969 — Costs.
[2011] 1 Lloyd's Rep. 274
THE OWNERS AND/OR DEMISE CHARTERERS OF THE DREDGER “KAMAL XXVI” AND THE BARGE “KAMAL XXIV” v THE OWNERS OF THE SHIP “ARIELA” THE OWNERS OF THE SHIP “ARIELA” v CATLIN (FIVE) LTD AND OTHERS
Insurance — Costs — Insurers bringing subrogation action — Claim shown to be fraudulent — Whether insurers liable for defendant’s costs — Whether privilege available to prevent disclosure of documents — Senior Courts Act 1981, section 51.
[2011] 1 Lloyd's Rep. 291
EMERALDIAN LTD PARTNERSHIP v WELLMIX SHIPPING LTD AND ANOTHER (THE “VINE”)
Demurrage — Delay in vessel getting to berth — Whether charterers waived requirement for port authority clearance — Whether delay counted as laytime — Whether “Partial interruption on port” — Whether delay beyond control of charterers — Whether charterers in breach of safe berth warranty.
[2011] 1 Lloyd's Rep. 301
GLOBAL KNAFAIM LEASING LTD AND ANOTHER v CIVIL AVIATION AUTHORITY AND ANOTHER EUROCONTROL AND OTHERS (INTERESTED PARTIES) AVIATION WORKING GROUP (INTERVENING)
Carriage by air — Rights in aircraft — Lessor’s aircraft detained under fleet lien power in respect of airport charges and route charges owed by insolvent aircraft lessee — Whether detention contravened lessor’s property rights under European Convention on Human Rights — Whether detention contravened EU competition law — European Convention on Human Rights, article 1 of First Protocol — Regulation (EC) No 1794/2006, article 14.3 — Treaty on the Functioning of the European Union, article 102.
[2011] 1 Lloyd's Rep. 324
OWNEAST SHIPPING LTD v QATAR NAVIGATION QSC (THE “QATAR STAR”)
Charterparty (Time) — Anti-technicality clause — Charterers failing to pay hire — Vessel withdrawn from service — Owners not giving anti-technicality notice — Charterers intending to make payment with deductions — Owners contending that deduction unjustifiable — Whether recklessness of charterers amounted to intention not to pay — Whether charterers intended to fail to make payment “as set out” — Whether withdrawal wrongful.
[2011] 1 Lloyd's Rep. 350
A v B
Arbitration — Appeal against award for want of jurisdiction — Application by respondent for security for award — Whether order appropriate — Arbitration Act 1996, sections 67 and 70(7).
[2011] 1 Lloyd's Rep. 363
MILNER AND ANOTHER v CARNIVAL PLC
Damages — Contract — Breach — Cruise ship passengers claiming compensation for loss of enjoyment and wasted expenditure for ruined holiday — Appropriate measure of damages.
[2011] 1 Lloyd's Rep. 374
NOBLE DENTON MIDDLE EAST AND ANOTHER v NOBLE DENTON INTERNATIONAL LTD
Arbitration — Appointment of arbitrator by court — Burden of proof — Arbitration Act 1996, sections 18 and 72.
[2011] 1 Lloyd's Rep. 387
NOVASEN SA v ALIMENTA SA
Arbitration — Jurisdiction — Contract for the sale of oil — FOSFA terms and arbitration clause — Buyer claiming to be a party — Undisclosed principal — Whether buyer a party to the sale — Separability of arbitration clause — Arbitration Act 1996, sections 7 and 67.
[2011] 1 Lloyd's Rep. 390
OCEANCONNECT UK LTD AND ANOTHER v ANGARA MARITIME LTD (THE “FESCO ANGARA”)
Jurisdiction — Anti-suit injunction — Proceedings in English court for negative declaratory relief — Proceedings in Louisiana in respect of US maritime lien — Whether English anti-suit injunction appropriate given terms of parties’ escrow agreement for security to release vessel from arrest — Whether US proceedings vexatious and oppressive.
[2011] 1 Lloyd's Rep. 399
REC WAFER NORWAY AS v MOSER BAER PHOTO VOLTAIC LTD
Arbitration — Permanent anti-suit injunction — Whether proceedings in India were vexatious and oppressive — Whether applicant guilty of delay — Senior Courts Act 1981, section 37(1) — Arbitration Act 1996, section 44.
[2011] 1 Lloyd's Rep. 410
BEREZOVSKY AND ANOTHER v EDMISTON & CO LTD AND ANOTHER (THE “DARIUS”)
Agency — Yacht broker — Commission — Superyacht marketed on non-exclusive basis by broker — Sub-broker’s contact obtained client — Whether broker entitled to commission — Whether broker effective cause of sale of yacht — Rate of commission payable — Whether sub-broker entitled to recover commission directly from seller.
[2011] 1 Lloyd's Rep. 419
GHSP INC v AB ELECTRONIC LTD
Sale of goods — Whether contract concluded on seller’s terms, on buyer’s terms or on other terms — Battle of the forms.
[2011] 1 Lloyd's Rep. 432
KG BOMINFLOT BUNKERGESELLSCHAFT FÜR MINERALÖLE MBH & CO v PETROPLUS MARKETING AG (THE “MERCINI LADY”)
Sale of goods (fob) — Contract for sale of gasoil — Goods complying with specification on shipment but failing to comply at discharge — Whether term implied in fob sale that goods would still be of satisfactory quality and in accordance with contractual specification following a normal voyage — Whether express term of contract had effect to exclude implied conditions as to quality and specification — Sale of Goods Act 1979, section 14(2).
[2011] 1 Lloyd's Rep. 442
LOUIS DREYFUS COMMODITIES KENYA LTD v BOLSTER SHIPPING CO LTD (THE “GIORGIS CARRAS”)
Practice — Anti-suit injunction — Bill of lading incorporating London arbitration clause — Cargo receivers alleging cargo damage and bringing proceedings against carrier in Mexico — Carrier seeking to join shippers in Mexican proceedings — Whether carrier in breach of arbitration clause — Whether anti-suit injunction should be granted.
[2011] 1 Lloyd's Rep. 455
SAFEWAY STORES LTD v TWIGGER
Tort — Ex turpi causa — Claim by employer against employees for indemnity for fines imposed for breach of Competition Act 1998 — Whether claim barred by ex turpi causa principle — Whether claim barred by Competition Act 1998.
[2011] 1 Lloyd's Rep. 462
AZIMUT-BENETTI SPA v HEALEY
Contract — Penalty clause — Contract for construction and sale of luxury yacht — Whether termination clause a penalty or liquidated damages — Guarantee — Whether guarantor liable even if termination clause was a penalty.
[2011] 1 Lloyd's Rep. 473
BOREALIS AB v GEOGAS TRADING SA
Sale of goods — Damages — Causation — Sale of butane to be used as feedstock in buyer’s olefin plant — Butane contaminated with fluorides producing harmful acids — Acids causing physical damage to buyer’s plant — Seller contending that loss and damage would have been avoided had buyer responded appropriately to acid alarm at plant — Whether chain of causation broken — Relevant principles.
[2011] 1 Lloyd's Rep. 482
CLAXTON ENGINEERING SERVICES LTD v TXM OLAJ-ÉS GÁZKUTATÓ KFT
Practice — Anti-arbitration injunction — Whether court had jurisdiction to grant injunction restraining defendant from pursuing arbitration proceedings in Hungary — Whether court should grant injunction — Council Regulation (EC) No 44/2001 — Senior Courts Act 1981, section 37.
[2011] 1 Lloyd's Rep. 510
GELDOF METAALCONSTRUCTIE NV v SIMON CARVES LTD
Contract — Equitable set-off — Relevant principles — Claimant subcontractor concluding contract with defendant main contractor to supply pressure vessels — Claimant concluding separate contract with defendant to install storage tanks — Claimant claiming unpaid instalment of price under supply contract — Defendant seeking to set-off cross-claim for unliquidated damages under installation contract — Whether claimant entitled to summary judgment on claim under supply contract — Whether defendant entitled to set off cross-claim under installation contract — Construction of contractual set-off clause in supply contract.
[2011] 1 Lloyd's Rep. 517
SOUFFLET NEGOCE v BUNGE SA
Sale of goods (fob) — Contract for sale of feed barley — Sellers given liberty to complete loading if vessel “presented at the loading port in readiness to load within the delivery period” — Whether vessel had to be ready to load in sense required to serve a valid notice of readiness for the commencement of laytime — GAFTA 49.
[2011] 1 Lloyd's Rep. 531
PACE SHIPPING CO LTD v CHURCHGATE NIGERIA LTD (THE “PACE”) (NO 2)
Carriage of goods by sea — Short delivery of cargo — Holder of spent bill of lading asserting that rights of suit had vested in it by statute and bringing claim for damages against carrier — Dispute as to whether claimant had title to goods — Claimant relying on statutory vesting of rights regardless of title — Whether claimant entitled to recover damages for benefit of owner of goods — Carriage of Goods by Sea Act 1992, sections 2(2)(a) and 2(4).
[2011] 1 Lloyd's Rep. 537
RE OCEANEERING INTERNATIONAL AG AND ANOTHER (THE “SARAH”)
Admiralty jurisdiction — Petitioners agreeing to supply remotely operated vehicle equipment to order of respondents — Equipment provided at location of respondents’ offshore intervention vessel — Petitioners seeking to arrest vessel as security for claims under the agreement — Whether claim arising out of “the supply of goods or materials to a ship for her operation or maintenance” or “the construction, repair or equipment of any ship” — Administration of Justice Act 1956, section 47(2).
[2011] 1 Lloyd's Rep. 546
DOLPHIN TANKER SRL v WESTPORT PETROLEUM INC (THE “SAVINA CAYLYN”)
Arbitration — Award — Appeal on question of law — Admissibility of evidence on appeal — Charterparty (Time) — Whether vessel “failed on three consecutive oil major vetting reviews” — Meaning of “oil major” — Whether charterers entitled to terminate charter — Arbitration Act 1996, section 69 — Shelltime 4 form.
[2011] 1 Lloyd's Rep. 550
GLOBAL PROCESS SYSTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE “CENDOR MOPU”)
Insurance (marine) — Cargo insurance — Oil rig transported on barge lost legs due to fatigue cracking — Whether loss due to perils of the sea — Exclusion for inherent vice — Proximate cause of loss — Institute Cargo Clauses (A) terms — Marine Insurance Act 1906, sections 39, 40 and 55.
[2011] 1 Lloyd's Rep. 560
GARNAT TRADING & SHIPPING (SINGAPORE) PTE LTD AND ANOTHER v BAOMINH INSURANCE CORPORATION
Insurance (marine) — Voyage policy on floating dock — Damage suffered in tropical storm — Whether dock seaworthy — Voyage in stages — Whether assured failed to disclose material facts — Inducement and waiver — Marine Insurance Act 1906, sections 18(3) and 39.
[2011] 1 Lloyd's Rep. 589
MASEFIELD AG v AMLIN CORPORATE MEMBER LTD (THE “BUNGA MELATI DUA”)
Insurance (marine) — Piracy — Theft — Vessel seized by pirates — Ransom paid and vessel and cargo released — Whether cargo became an actual total loss on seizure — Whether cargo became a constructive total loss on seizure — Legality of payment of ransom — Suing and labouring — Marine Insurance Act 1906, sections 57 and 78(4) — Theft Act 1968, section 6.
[2011] 1 Lloyd's Rep. 630
ANTONIO GRAMSCI SHIPPING CORPORATION AND OTHERS v STEPANOVS
Conflict of laws — Jurisdiction — Claimant shipowners alleging fraud on part of charterers — Claimants alleging that defendant was alter ego of chartering companies and perpetrated the fraud — Claimants seeking to pierce corporate veil to hold defendant liable — Claimants relying on English jurisdiction clause in charterparties to establish jurisdiction against defendant — Dispute as to which law governed issue of identity of parties to relevant contracts — Whether claimants and defendant consented to English jurisdiction — Regulation (EC) No 44/2001, article 23.
[2011] 1 Lloyd's Rep. 647
BRITISH ARAB COMMERCIAL BANK PLC v BANK OF COMMUNICATIONS AND ANOTHER
Bank guarantees — Choice of law — Law applicable to a bank guarantee — Valid request for payment — Syrian law — Rome Convention 1980, articles 3 and 4 — Contracts (Applicable Law) Act 1990.
[2011] 1 Lloyd's Rep. 664
COMPANIA SUD AMERICANA DE VAPORES SA v SINOCHEM TIANJIN IMPORT AND EXPORT CORPORATION (THE “ACONCAGUA”)
Carriage by sea — Dangerous cargo — Explosion of cargo of calcium hypochlorite in container — Cargo stowed near bunker tank — Crew heating bunker tank during voyage — Charterers settling claim brought by shipowners — Whether charterers entitled to indemnity from shippers — Causation.
[2011] 1 Lloyd's Rep. 683
EASYBIZ INVESTMENTS v SINOGRAIN AND ANOTHER (THE “BIZ”)
Arbitration — Jurisdiction — Commencement — Cargo interests giving single notice to shipowners to appoint an arbitrator in respect of disputes arising under 10 bill of lading contracts — Whether notice valid to commence 10 separate arbitrations — Arbitration Act 1996, section 14.
[2011] 1 Lloyd's Rep. 688
X v Y
Arbitration — Time bar — Modified Centrocon arbitration clause — Consecutive voyage charter — Whether arbitration commenced within 12 months of final discharge or termination of charterparty.
[2011] 1 Lloyd's Rep. 694
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