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K LINE PTE LTD v PRIMINDS SHIPPING (HK) CO LTD (THE “ETERNAL BLISS”)

Charterparty (Voyage) – Charterers failing to discharge vessel within allowed laytime – Charterparty providing for payment of demurrage – Receivers bringing cargo claim against owners resulting from delay – Whether owners entitled to damages or an indemnity from charterers – Whether demurrage constituted exclusive remedy to owners.

[2022] 1 Lloyd's Rep. 12

KABAB-JI SAL (LEBANON) v KOUT FOOD GROUP (KUWAIT)

Arbitration – Enforcement of award – Whether arbitration clause applied to contracting party's parent company – Law applicable to arbitration agreement – Effect of entire agreement clause on arbitration agreement in the main contract – Effect of no oral modification clause – Whether judge should have made a final determination – Arbitration Act 1996, sections 103(2)(b) and 103(5).

[2022] 1 Lloyd's Rep. 24

NAVISION SHIPPING A/S v PRECIOUS PEARLS LTD: CONTI LINES SHIPPING NV v NAVISION SHIPPING A/S (THE “MOOKDA NAREE”)

Charterparty (Time) – Off-hire – Vessel arrested at discharge port pursuant to cargo claim by third party against sub-charterer – Whether arrest occasioned by act or omission of sub-charterer – Whether vessel off-hire – Whether head charterer in breach of clause requiring head charterer to accept responsibility “for cargo claims from third parties” in West African ports.

[2022] 1 Lloyd's Rep. 41

SILVERMAN v RYANAIR DAC

Aviation – Personal injury – Conflict of laws – Law applicable to claim – Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) 1999 – 2002 Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order (SI 2002 No 263) – Regulation 593/2008/EC on the law applicable to contractual obligations (Rome I) – Regulation 864/2007/EC on the law applicable to non-contractual obligations (Rome II).

[2022] 1 Lloyd's Rep. 53

A v B (THE “TAI HUNTER”)

Sale of goods (fob) – Sale of Ukrainian feed corn – Buyers making invalid nomination of vessel – Sellers purporting to terminate contract – Whether false nomination was breach of condition – Whether nominated vessel had to have been already chartered by buyers – Whether buyers’ obligation to provide copy of charterparty was a condition – Arbitration – Serious irregularity – Whether GAFTA Board of Appeal failed to consider various matters – Arbitration Act 1996, sections 68 and 69.

[2022] 1 Lloyd's Rep. 65

BP OIL INTERNATIONAL LTD v VEGA PETROLEUM LTD AND ANOTHER

Sale of goods (fob) – Contract for sale of crude oil – Buyer paying price but not receiving any crude oil – Buyer claiming return of sums in unjust enrichment on basis of failure of consideration – Seller contending that contract was inconsistent with buyer's right to claim money back – Whether buyer entitled to return of sums paid.

[2022] 1 Lloyd's Rep. 89

SODZAWICZNY v MCNALLY

Arbitration – Summary enforcement – Equitable remedy – Discretion of court – Arbitration Act 1996, section 66.

[2022] 1 Lloyd's Rep. 117

GALTRADE LTD v BP OIL INTERNATIONAL LTD (THE “PIONEER”)

Sale of goods (fob) – Fuel oil – Seller in breach of quality obligation in contract – Buyer purporting to reject cargo – Seller treating buyer's rejection as repudiatory breach – Whether relevant obligation was condition or intermediate term – Whether buyer entitled to reject cargo – Whether buyer entitled to claim for wasted expenditure – Whether buyer in breach of contract – Quantum of seller's loss – Sale of Goods Act 1979, sections 50 and 53.

[2022] 1 Lloyd's Rep. 129

READIE CONSTRUCTION LTD v GEO QUARRIES LTD

Sale of goods – Goods not of correct quality – Contract term barring deduction from price – Whether applicable to abatement – Whether seller entitled to recover price – Sale of Goods Act 1979, section 49(2).

[2022] 1 Lloyd's Rep. 155

SHANGHAI SHIPYARD CO LTD v REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD

Contract – Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor's liability dependent upon time of commencement of arbitration relating to underlying dispute.

[2022] 1 Lloyd's Rep. 202

ADACTIVE MEDIA INC v INGROUILLE

Arbitration – Contract containing arbitration and jurisdiction clauses – Reconciliation – Enforcement of foreign judgment – Civil Jurisdiction and Judgments Act 1982, section 32.

[2022] 1 Lloyd's Rep. 235

EURONAV NV v REPSOL TRADING SA (THE “MARIA”)

Demurrage – Time bar – Charterparty providing for demurrage claims to be notified to charterers within 30 days after completion of discharge – Whether “date of completion” to be ascertained according to local time at place of discharge or according to time zone which had the closest and most real connection with the provision in question – Whether claim time-barred – Summary judgment – Civil Procedure Rules, Part 24.

[2022] 1 Lloyd's Rep. 247

M/V PACIFIC PEARL CO LTD v OSIOS DAVID SHIPPING INC

Admiralty – Collision action – Collision jurisdiction agreement – Each shipowner to provide security “in a form reasonably satisfactory to the other” – Whether letter of undertaking containing sanctions clause was in a form “reasonably satisfactory” to the other – Whether implied term of collision jurisdiction agreement that offer of letter of undertaking in “reasonably satisfactory” form had to be accepted.

[2022] 1 Lloyd's Rep. 261

NAVIG8 CHEMICALS POOL INC v AETURNUM ENERGY INTERNATIONAL PTE LTD (THE “NAVIG8 AMETRINE”)

Charterparty (Time) – Letter of indemnity – Charter containing provision obliging owners to deliver cargo without production of bills of lading against LOI – Charterers requesting discharge of cargo without production of bills of lading – Cargo discharged to receiver nominated by charterers – Whether production of identification of receiver condition precedent to triggering of charterer's obligations under LOI – Whether charterers in breach of LOI – Whether disponent owners entitled to mandatory injunction and damages.

[2022] 1 Lloyd's Rep. 277

ARKLOW SHIPPING UNLIMITED CO AND OTHERS v DROGHEDA PORT CO DAC (THE “ARKLOW VALOUR”)

Docks and harbours – Vessel grounding on sandbar at mouth of River Boyne – Sandbar within limits of Drogheda Harbour managed by defendant port company – Whether defendant liable – Whether breach of statutory duty – Whether defendant “occupier” of entrance to harbour – Whether defendant in breach of duty – Whether grounding caused by alleged incorrect advice on part of defendant as to maximum sailing draft – Harbours Act 1996 – Occupiers’ Liability Act 1995.

[2022] 1 Lloyd's Rep. 291

E STRAHLMANN GMBH & CO REEDEREI KG MS “VENTURA” v INTERFEED BV (THE “VENTURA”)

Charterparty (Voyage) – Charter providing that shipowner should not be liable for crew error – Cargo damaged allegedly as a result of crew error – Hamburg Rules compulsorily applicable to bill of lading – Court at discharge port upholding bill of lading holder's cargo claim against shipowner on basis of Hamburg Rules – Shipowner seeking indemnity from charterer – Whether charterer liable to indemnify shipowner – Gencon 1976, clauses 2 and 9.

[2022] 1 Lloyd's Rep. 365

HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)

General average – Vessel held to ransom by pirates in Gulf of Aden – Shipowners seeking to recover ransom payment from bill of lading holders – Whether charterparty provision for charterers to pay war risk and ransom insurance premiums incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.

[2022] 1 Lloyd's Rep. 375

LLC AGRONEFTEPRODUKT v AMEROPA AG

Arbitration – Jurisdiction – Validity of notice of arbitration – Rectification – Estoppel – Arbitration Act 1996, sections 14(4) and 67.

[2022] 1 Lloyd's Rep. 388

SPACE SHIPPING LTD v ST SHIPPING AND TRANSPORT PTE LTD (THE “CV STEALTH”) (NO 4)

Arbitration – Vessel subjected to prolonged detention by Venezuelan courts – Owners making series of arbitration claims against charterers – Arbitrator giving charterers credit for US$1.4 million drydocking fees potentially saved by owners – Whether arbitrator erred in law in deducting saved drydocking fees from owners’ claim.

[2022] 1 Lloyd's Rep. 395

HAMILTON v SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY AND ANOTHER

Practice – Enforcement – Writs of control – Enforcement agent taking control of motor vessel and applying for order of sale – Third party asserting ownership of vessel and opposing sale order – High Court dismissing third party's claim and ordering sale of vessel – Whether High Court had jurisdiction to make order of sale – Whether enforcement agent empowered to sell vessel – Whether vessel statutorily abandoned – Tribunals, Courts and Enforcement Act 2007, schedule 12, paras 40, 53 and 60 – The Taking Control of Goods Regulations 2013, Regulation 9 – Civil Procedure Rules, Part 85.4.

[2022] 1 Lloyd's Rep. 411

PUSAN NEWPORT CO LTD v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIPS OR VESSELS “MILANO BRIDGE” AND “CMA CGM MUSCA” AND “CMA CGM HYDRA”

Conflict of laws – Forum non conveniens – Allision between vessel and berth at South Korean maritime terminal – Terminal operator bringing Admiralty Action against sister ship in Hong Kong – Vessel owners bringing cross action and limitation proceedings in South Korea – Whether Hong Kong action should be stayed – Relevance of forum shopping.

[2022] 1 Lloyd's Rep. 441

HOLYHEAD MARINA LTD v FARRER AND OTHERS

Limitation of liability – Marina damaged by storm – Owner of marina bringing limitation claim against owners of damaged pleasure craft – Whether marina owner entitled to limit – Whether marina a “dock” – Merchant Shipping Act 1995, section 191.

[2022] 1 Lloyd's Rep. 463

TENKE FUNGURUME MINING SA v KATANGA CONTRACTING SERVICES SAS

Arbitration – Serious irregularity – Refusal of tribunal to allow site inspection – Refusal of tribunal to adjourn for illness of leading counsel – Award of litigation funding costs – Award of compound interest – Arbitration Act 1996, sections 33, 49, 59, 61 and 68.

[2022] 1 Lloyd's Rep. 501