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SANG STONE HAMOON JONOUB CO LTD v BAOYUE SHIPPING CO LTD (THE "BAO YUE")

[2016] Lloyd's Rep. Plus 1

Tort - Conversion - Carrier discharging cargo into warehouse - Storage charges accruing due - Whether discharge into storage in circumstances giving rise to lien constituted tort of conversion - Whether statements alleged to have been made on behalf of carrier denying access to cargo amounted to conversion.

SINDICATO UNICO DE PESCADORES DEL MUNICIPIO MIRANDA DEL ESTADO ZULIA v INTERNATIONAL OIL POLLUTION COMPENSATION FUND

[2016] Lloyd's Rep. Plus 2

International law - Registration and enforcement of foreign judgment - Judgment creditor obtaining judgment in Venezuela against "The International Fund for Compensation for Oil Pollution Damage" - Judgment registered in England as a judgment of the High Court - Whether judgment related to The International Oil Pollution Compensation Fund 1992 - Immunity - Whether registration order should be set aside.

REITER PETROLEUM INC v THE SHIP "SAM HAWK"

[2016] Lloyd's Rep. Plus 3

Admiralty jurisdiction - Action in rem - Time-charterers failing to pay for bunkers supplied to vessel - Bunker suppliers arresting vessel in Australia on basis of maritime lien under United States or Canadian law - Whether foreign maritime lien recognised under Australian law - Whether court had in rem jurisdiction - Whether shipowners entitled to summary judgment - Admiralty Act 1988 (Cth), sections 15 and 17.

NOLAN AND 42 OTHERS v TUI UK LTD

[2016] Lloyd's Rep. Plus 4

Carriage of passengers by sea - Passengers suffering gastroenteritis on cruise ship during voyage from Ibiza to Newcastle - Claimants claiming damages against contractual carrier for personal injuries and damage and disappointment - Whether defendant liable - Athens Convention 1974, articles 3.1 and 3.3.

EXMEK PHARMACEUTICALS SAC v ALKEM LABORATORIES LTD

[2016] Lloyd's Rep. Plus 5

Arbitration - Jurisdiction - Whether parties had agreed to go to arbitration - Effect of arbitration and jurisdiction clauses - Effect of choice of UK law - Submission to courts of Peru - Validity of appointment of arbitrator - Arbitration Act 1996, sections 17, 58 and 67 - Civil Jurisdiction and Judgments Act 1982, sections 32 and 33.

THE "VINALINES PIONEER"

[2016] Lloyd's Rep. Plus 6

Admiralty jurisdiction - Meaning of "damage done by a ship" - Plaintiff claiming for loss of containers onboard capsized vessel - Whether court had in rem jurisdiction - High Court (Admiralty Jurisdiction) Act, section 3(1)(d).

LD COMMODITIES RICE MERCHANDISING LLC AND ANOTHER v THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL "STYLIANI Z"

[2016] Lloyd's Rep. Plus 7

Admiralty practice - Cargo claim - Claimants' solicitor intending to issue in rem claim form but mistakenly using form for in personam claim - Claimants failing to serve claim form within four-month period - Claimants amending claim form to read as if it were an in rem claim - Whether claim time-barred - Whether claimants entitled to order remedying "error of procedure" - CPR 3.10.

PEARL PETROLEUM CO LTD AND OTHERS v THE KURDISTAN REGIONAL GOVERNMENT OF IRAQ

[2016] Lloyd's Rep. Plus 8

Arbitration - Peremptory order - Order to pay sums due under contract - Whether order should be enforced - Sovereign immunity - Whether defendant a separate entity - Arbitration Act 1996, sections 39, 40, 41 and 42 - State Immunity Act 1978, sections 9, 13 and 14.

EGIAZARYAN AND ANOTHER v OJSC OEK FINANCE AND ANOTHER

[2016] Lloyd's Rep. Plus 9

Arbitration - Jurisdiction - Scope of arbitration clause - Whether third party could be joined to the arbitration - Law applicable to joinder question - Remission of award to arbitrators - Arbitration Act 1996, section 67.

FULTON SHIPPING INC OF PANAMA v GLOBALIA BUSINESS TRAVEL SAU (FORMERLY TRAVELPLAN SAU) OF SPAIN (THE "NEW FLAMENCO")

[2016] Lloyd's Rep. Plus 10

Charterparty (Time) - Repudiation - Damages - Time-charterers redelivering vessel early - Owners selling vessel upon repudiation for a greater sum than the value of the vessel at contractual date for redelivery - Whether owners bound to give credit for difference in capital values.

ECOBANK TRANSNATIONAL INC v TANOH

[2016] Lloyd's Rep. Plus 11

Arbitration - Anti-enforcement injunction - Judgments given against applicant in overseas courts - Applicant asserting validity of arbitration clause - Whether court could grant relief to prevent enforcement of foreign judgments - Senior Courts Act 1981, section 37 - Civil Jurisdiction and Judgments Act 1982, sections 32 and 33.

ANZEN LTD AND OTHERS v HERMES ONE LTD (BRITISH VIRGIN ISLANDS)

[2016] Lloyd's Rep. Plus 12

Arbitration - Stay of proceedings - Agreement providing that a party "may" submit a dispute to arbitration - Whether arbitration mandatory - Whether stay could be granted without arbitration proceedings having been commenced - Arbitration Ordinance 1976 (BVI).

HUGHES v PENDRAGON SABRE LTD

[2016] Lloyd's Rep. Plus 13

Sale of goods - Whether agreement to agree or agreement for sale - Substitute goods not available - Measure of damages - Sale of Goods Act 1979, sections 5, 8, 29, 51.

THE "MELISSA K" AND THE "TOMSK"

[2016] Lloyd's Rep. Plus 14

Admiralty practice - Collision action - Defendants offering to settle on basis of 50/50 liability and imposing deadline for issue and service of proceedings - Claimants issuing but not serving proceedings within deadline - Claimants accepting defendants' offer to settle subsequent to expiry of deadline - Whether compromise agreement concluded - Whether claimants entitled to extension of time for service of proceedings - Whether claimants entitled to relief for "error of procedure" - Merchant Shipping Act 1995, sections 190(5) and 190(6) - CPR 3.10 and CPR 7.6.

CRESCENDO MARITIME CO AND ANOTHER v BANK OF COMMUNICATIONS CO LTD AND OTHERS; ALPHA BANK AE v BANK OF COMMUNICATIONS CO LTD AND ANOTHER

[2016] Lloyd's Rep. Plus 15

Practice - Anti-suit injunction - Shipbuilding contract - Buyer bringing London arbitration against Chinese bank to enforce refund guarantees - Arbitrators finding in favour of buyer - Chinese bank bringing proceedings against buyer and others in China in breach of London arbitration clause - Whether anti-suit injunction should be granted.

ESSAR SHIPPING LTD v BANK OF CHINA LTD (THE "KISHORE")

[2016] Lloyd's Rep. Plus 16

Practice - Anti-suit injunction - Carrier applying for anti-suit injunction restraining continuance of Chinese proceedings brought by defendant in breach of London arbitration clause in bill of lading - Whether delay prevents grant of injunction - Relevance of prejudice to defendant caused by operation of time bar - Whether carrier entitled to injunction.

BRITISH AMERICAN TOBACCO SWITZERLAND SA AND OTHERS v EXEL EUROPE LTD AND ANOTHER; BRITISH AMERICAN TOBACCO DENMARK A/S AND OTHERS v EXEL EUROPE LTD AND ANOTHER

[2016] Lloyd's Rep. Plus 17

Carriage of goods by road - CMR - Jurisdiction - Goods lost in transit on continent - Goods owners bringing proceedings in England against primary carrier and successive carriers in same action - Successive carriers not parties to primary contract of carriage and not having any business connection with England - Whether court had jurisdiction over successive carriers - CMR articles 31.1, 34 and 36.

THE "CHEM ORCHID"

[2016] Lloyd's Rep. Plus 18

Practice - Appeal to Court of Appeal - Shipowner seeking to appeal decision of judge refusing to strike out admiralty actions in rem - Whether judge's decision interlocutory or final - Whether Court of Appeal had jurisdiction to entertain appeal - Supreme Court of Judicature Act, section 34(1)(a) and Fourth Schedule, para (e).

GOLD RESERVE INC v BOLIVARIAN REPUBLIC OF VENEZUELA

[2016] Lloyd's Rep. Plus 19

Arbitration - Bilateral Investment Treaty - International Centre for the Settlement of Investment Disputes - Enforcement of award - State immunity - Meaning of "investor" - Arbitration claim form - Service of form and of order - Enforcement order and interest - State Immunity Act 1978, sections 1, 9 and 12 - Judgments Act 1838, section 17 - CPR 62.18.

W LTD v M SDN BHD

[2016] Lloyd's Rep. Plus 20

Arbitration - Application to set aside awards - Alleged apparent bias of arbitrator - Arbitration Act 1996, section 68(2) - International Bar Association Guidelines on Conflicts of Interest in International Arbitration 2014.

MICHAEL WILSON & PARTNERS LTD v EMMOTT

[2016] Lloyd's Rep. Plus 21

Practice - Judge dismissing appeal from arbitration award and refusing appellant permission to appeal to Court of Appeal - Appellant applying to Court of Appeal to set aside judgeâs refusal on basis of "residual jurisdiction" of Court of Appeal - Whether application was an "appeal" - Whether Court of Appeal had jurisdiction to refuse application as totally without merit - Arbitration Act 1996, section 69(8) - CPR 52.16(6), 52.3.

AIR BALTIC CORPORATION AS v LIETUVOS RESPUBLIKOS SPECIALIŲJŲ TYRIMŲ TARNYBA

[2016] Lloyd's Rep. Plus 22

Aviation - Compensation of passengers for delay - 1969 Vienna Convention on the Law of Treaties - Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), articles 1, 19, 22 and 29.

GLENCORE INTERNATIONAL AG v PT TERA LOGISTIC INDONESIA AND ANOTHER

[2016] Lloyd's Rep. Plus 23

Arbitration - Jurisdiction - Commencement of arbitration - Claimant giving notice of arbitration of "claims" and appointing arbitrator - Respondent appointing arbitrator "in relation to all disputes arising under the contract" - Respondent's defence and counterclaim submissions served after expiry of contractual limitation period - Whether counterclaim time-barred - Arbitration Act 1996, section 14(4).

GLORY WEALTH SHIPPING PTE LTD v FLAME SA

[2016] Lloyd's Rep. Plus 24

Charterparty - Contract of affreightment - Damages - Charterers failing to ship cargoes - Owners asserting loss of freight - Freight would have been paid to a third party and not received by owners if COA had been performed - Whether owners suffered a substantial loss.

BIBBY FACTORS NORTHWEST LTD v HFD LTD AND ANOTHER

[2016] Lloyd's Rep. Plus 25

Contract - Equitable set-off - Supplier assigning customers' present and future debts to factor - Factor bringing proceedings as supplier's assignee against customers for sums due - Customers seeking to set off cross-claims against supplier - Whether cross-claims sufficiently closely connected with claimantâs demand - Whether inequitable for customers to rely on set-off - Whether customers estopped from relying on set-off.

THE "NORDLAKE" AND THE "SEAEAGLE"

[2016] Lloyd's Rep. Plus 26

Collision action - Claimants' vessel colliding with Indian warship in entrance to port of Mumbai - Claimants bringing proceedings in England contending that collision caused by negligence of defendants' vessel and three Indian warships - Defendants contending that collision caused by negligence of claimants' vessel and same three Indian warships - Union of India not party to English proceedings - Whether court could apportion liability between all vessels at fault - Apportionment of liability - Merchant Shipping Act 1995, section 187.

YEMGAS FZCO AND OTHERS v SUPERIOR PESCADORES SA (THE "SUPERIOR PESCADORES")

[2016] Lloyd's Rep. Plus 27

Carriage of goods by sea - Limitation of liability - Package limitation - Damage to cargo - Clause paramount referring to "Hague Rules ... 1924 as enacted in the country of shipment" - Hague-Visby Rules compulsorily applicable - Whether Hague or Hague-Visby Rules package limitation applied - Date of conversion of gold value into national currency - Hague-Visby Rules, article IV, rule 5.

MARCO POLO SHIPPING CO PTE LTD v FAIRMACS SHIPPING & TRANSPORT SERVICES PTE LTD

[2016] Lloyd's Rep. Plus 28

Tort – Conversion – Damages – Whether relevant market for converted cargo.

THE QUEEN (ON THE APPLICATION OF FLEET MARITIME SERVICES (BERMUDA) LTD) v THE PENSIONS REGULATOR

[2016] Lloyd's Rep. Plus 29

Pensions - Automatic enrolment - Seafarers working on ships spending significant periods of time outside Great Britain - Whether seafarers falling within territorial scope of automatic enrolment scheme - Pensions Act 2008, section 1(1)(a).

MAGELLAN SPIRIT APS v VITOL SA (THE "MAGELLAN SPIRIT")

[2016] Lloyd's Rep. Plus 30

Practice - Anti-suit injunction - Jurisdiction - Shipowner applying for injunction to restrain Nigerian proceedings brought by Swiss shipper - Whether court had jurisdiction - Agency - Whether shipper was undisclosed principal of time charterer - Whether bill of lading to be rectified to incorporate charterparty jurisdiction clause - Whether parties concluded free-standing jurisdiction agreement - Delay.

MARCHON GERMANY GMBH v KARASZKIEWICZ

[2016] Lloyd's Rep. Plus 31

Agency - Termination of agency relationship - Measure of indemnity - Commercial Agents Directive, Council Directive 86/653/EEC, article 17(2)(a).

ELLINIKO DIMOSIO v STROUMPOULIS AND OTHERS

[2016] Lloyd's Rep. Plus 32

European law - Protection of employees in the event of insolvency of employer - Applicability to seamen employed to work on non-EU flagged vessel - Whether Greek national law constituted "equivalent" protection - Council Directive 80/987/EEC, articles 1(1) and 1(2) - UNCLOS, articles 91, 92 and 94.

NEWOCEAN PETROLEUM CO LTD v O W BUNKER CHINA LTD (IN PROVISIONAL LIQUIDATION) AND ANOTHER (THE "COSCO FELIXSTOWE")

[2016] Lloyd's Rep. Plus 33

Practice - Service of writ out of jurisdiction - Supply of bunkers to vessel - Retention of title clause - Whether plaintiff had good arguable case that second defendant committed tort of conversion within jurisdiction or that contract was made through agent residing within jurisdiction - Rules of the High Court, Order 11, rules 1(1)(d) and 1(1)(f).

SHIPOWNERS' MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) v CONTAINERSHIPS DENIZCILIK NAKLIYAT VE TICARET AS (THE "YUSUF CEPNIOGLU")

[2016] Lloyd's Rep. Plus 34

Practice - Service out of jurisdiction - Anti-suit injunction - Charterers bringing direct action claim against owners' P&I Club in Turkey following grounding of vessel - Club cover providing for London arbitration - Whether court had jurisdiction to grant anti-suit injunction - Whether Turkish proceedings vexatious and oppressive - Whether injunction should be continued - Civil Procedure Rules, Practice Direction 6B, para 3.1(6)(c).

S v A AND ANOTHER

[2016] Lloyd's Rep. Plus 35

Arbitration - Sale of goods - Serious irregularity - Application for permission to appeal - Whether time for appeal and application should be extended - Arbitration Act 1996, sections 68(2)(a) and (c), 69, 70(3) and 80(5).

MORAN YACHT & SHIP INC v PISAREV AND ANOTHER (THE "4YOU")

[2016] Lloyd's Rep. Plus 36

Agency - Sale of goods - Yacht - Brokers claiming commission for sale of yacht - Whether brokers expressly or impliedly instructed to sell yacht - Whether brokers an effective cause of the sale - Measure of commission - Personal liability in tort of owner of instructing company for inducing breach of contract.

PST ENERGY 7 SHIPPING LLC AND ANOTHER v O W BUNKER MALTA LTD AND ANOTHER (THE "RES COGITANS")

[2016] Lloyd's Rep. Plus 37

Contract - Supply of bunkers - Retention of title clause - Whether bunker supply contract was a contract of sale - Sale of Goods Act 1979, sections 2(1) and 49.

NYK BULKSHIP (ATLANTIC) NV v CARGILL INTERNATIONAL SA (THE "GLOBAL SANTOSH")

[2016] Lloyd's Rep. Plus 38

Charterparty (Time) - Off hire - Vessel detained by court order at discharge port - Order procured by C&F seller to secure demurrage claim against cargo receivers - Whether sellers and/or receivers "agents" of charterers within meaning of proviso to off-hire clause.

INTEGRAL PETROLEUM SA v MELARS GROUP LTD

[2016] Lloyd's Rep. Plus 39

Arbitration - Jurisdiction - Scope of arbitration clause - Permission to appeal refused - Whether Court of Appeal could give permission to appeal - Arbitration Act 1996, section 67.

NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER

[2016] Lloyd's Rep. Plus 40

Arbitration - Jurisdiction - Serious irregularity - Law applicable to separability of arbitration clause and substantive contract - Allegations of corruption - Public policy - Arbitration Act 1996, sections 2, 4, 7, 67 and 68.

ST SHIPPING AND TRANSPORT PTE LTD v SPACE SHIPPING LTD (THE "CV STEALTH")

[2016] Lloyd's Rep. Plus 41

Charterparty (Time) - Vessel detained at Venezuelan port while waiting to load cargo - Whether charterers liable for financial consequences of detention - Shelltime 4 form, clause 28.

BROADS AUTHORITY v FRY

[2016] Lloyd's Rep. Plus 42

Inland waterways - Norfolk and Suffolk Broads - Dutch barge moored outside navigation area of Broads but in "adjacent waters" - Whether owner of barge liable to pay toll to Broads Authority - Barge deriving no benefit from Broads Authority's services - Whether bylaw valid - Norfolk and Suffolk Broads Act 1988, section 13(1) as amended by Broads Authority Act 2009.

THE ENVIRONMENT AGENCY v GIBBS AND ANOTHER

[2016] Lloyd's Rep. Plus 43

Inland waterways - Registration - Whether houseboats "vessels" - Environment Agency (Inland Waterways) Order 2010, article 2.

TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC (THE "GSF ARCTIC III")

[2016] Lloyd's Rep. Plus 44

Contract - Hire of drilling rig - Exclusion clause - Hirer suffering loss of time due to owner's breaches of contract - Hirer claiming to recover additional overhead costs resulting from delays - Whether owner's liability excluded on basis that costs constituted "consequential loss".

STANDARD CHARTERED BANK (HONG KONG) LTD AND ANOTHER v INDEPENDENT POWER TANZANIA LTD AND OTHERS

[2016] Lloyd's Rep. Plus 45

Conflicts of law - Non-exclusive jurisdiction clause - Forum non conveniens waiver - Application for stay - Case management - Privity of interest - Abuse of process.

NEON SHIPPING INC v FOREIGN ECONOMIC & TECHNICAL COOPERATION CO OF CHINA AND ANOTHER

[2016] Lloyd's Rep. Plus 46

Contract - Shipbuilding contract - Time-bar - Buyer not giving notice of crane defect within 30 days after end of Guarantee Period - Whether buyer's claim time-barred - Statutory implication of term of fitness for purpose - Whether applicable to shipbuilding contract where vessel built for use in standardised trade - Sale of Goods Act 1979, section 14(3).

SINO CHANNEL ASIA LTD v DANA SHIPPING AND TRADING PTE SINGAPORE AND ANOTHER

[2016] Lloyd's Rep. Plus 47

Arbitration - Jurisdiction - Agency - Whether notice of arbitration validly served on the claimant - Actual and ostensible authority - Ratification - Arbitration Act 1996, sections 72 and 76.

WINDSTAR MANAGEMENT SERVICES LTD v HARRIS

[2016] Lloyd's Rep. Plus 48

Employment - Master mariner working outside UK territorial waters - Jurisdiction of Employment Tribunal to hear unfair dismissal claim - Base test - Peripatetic employee - Employment Rights Act 1996, section 94.

SBT STAR BULK & TANKERS (GERMANY) GMBH & CO KG v COSMOTRADE SA (THE "WEHR TRAVE")

[2016] Lloyd's Rep. Plus 49

Charterparty (Time) - Time charter trip - Vessel loading cargoes at ports in Black Sea and discharging at ports in Red Sea and Persian Gulf - Whether charterers entitled to use vessel for a further carrying voyage - Whether last voyage order legitimate.

MURMANSK SHIPPING CO v ADANI POWER RAJASTHAN LTD AND OTHERS (THE "YURIY ARSHENEVSKIY")

[2016] Lloyd's Rep. Plus 50

Limitation of liability - Plaintiff issuing limitation proceedings in India - Whether suit barred by issue estoppel or res judicata following withdrawal of earlier application by plaintiff in China - Whether pre-condition of limitation suit that legal proceedings must have been brought against vessel or her owner - Whether shipowner has absolute right to limit liability under Indian law - Whether limitation fund should be calculated on basis of 1976 Convention on Limitation of Liability for Maritime Claims or 1996 Protocol - Merchant Shipping Act 1958, section 352.

HC TRADING MALTA LTD v TRADELAND COMMODITIES SL

[2016] Lloyd's Rep. Plus 51

Practice - Declaratory relief - Claimant asserting existence of contract containing London arbitration clause - Claimant issuing claim in High Court seeking declaration that binding arbitration agreement existed - Whether claim should be struck out - Senior Courts Act, section 37.

LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER

[2016] Lloyd's Rep. Plus 52

Jurisdiction – Liability of parent company for torts of subsidiary – Parent company domiciled in England – Jurisdiction of English court over parent company – Subsidiary company domiciled in Zambia – Joinder – Whether subsidiary company a necessary or proper party to claims against the parent company – Brussels Regulation Recast, article 4 – Civil Procedure Rules, rule 6.37 and Practice Direction 6B, para 3.1(3).

UNION MARINE CLASSIFICATION SERVICES LLC v GOVERNMENT OF THE UNION OF COMOROS

[2016] Lloyd's Rep. Plus 53

Arbitration - Jurisdiction - Arbitrator issuing corrective award under slip rule - Claimant challenging corrective award for lack of substantive jurisdiction - Whether corrective award a nullity â Whether court had jurisdiction to hear claimant's application - Whether tribunal entitled to correct error in original award - Arbitration Act 1996, sections 57(3)(a) and (b) and 67.

CYPRUS POPULAR BANK PUBLIC CO LTD v VGENOPOULOS AND OTHERS

[2016] Lloyd's Rep. Plus 54

Conflict of laws - Worldwide freezing order - Registration of order in England - Effect of registration on enforceability of the order - Whether defendant had properly enforced the order - Regulation 44/2001/EC, articles 32 and 47.

BNY MELLON CORPORATE TRUSTEE SERVICES LTD v LBG CAPITAL NO 1 PLC AND ANOTHER

[2016] Lloyd's Rep. Plus 55

Contracts - Banking - Loan notes - Right to redeem - Capital Disqualification Event - Use of factual matrix when securities issued to a variety of creditors at different times - Interpretation of terms and conditions in light of changing regulatory provision.

VERSLOOT DREDGING BV AND ANOTHER v HDI GERLING INDUSTRIE VERSICHERUNG AG AND OTHERS (THE "DC MERWESTONE")

[2016] Lloyd's Rep. Plus 56

Insurance (marine) - Fraudulent claim - Fraudulent means and devices - Whether "collateral lies" constituted a fraudulent claim.

MONDE PETROLEUM SA v WESTERNZAGROS LTD

[2016] Lloyd's Rep. Plus 57

Contract - Termination - Consultancy Services Agreement - Whether Agreement validly terminated - Utmost good faith - Implied terms - Subsequent Settlement Agreement - Whether Settlement Agreement voidable for misrepresentation - Misrepresentation Act 1967, section 2(1).

ATLASNAVIOS-NAVEGAÇÃO, LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE "B ATLANTIC")

[2016] Lloyd's Rep. Plus 58

Insurance (marine, war risks) - Vessel found to be carrying drugs and seized - Vessel a constructive total loss - Whether claim lost by reason of "infringement of any customs or trading regulations" - Institute War and Strikes Clauses Hull 1/10/83.

CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANFGARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS (THE "MV RENOS")

[2016] Lloyd's Rep. Plus 59

Insurance (marine) - Vessel damaged by fire - Whether vessel a constructive total loss - Whether notice of abandonment validly served - Assessment of costs of repairs - Whether costs incurred before notice of abandonment served to be taken into account - Salvage costs - Suing and labouring - Marine Insurance Act 1906, sections 60 and 62.

L R AVIONICS TECHNOLOGIES LTD v THE FEDERAL REPUBLIC OF NIGERIA AND ANOTHER

[2016] Lloyd's Rep. Plus 60

Arbitration - Enforcement of award - State immunity - Whether premises were immune from execution - State Immunity Act 1978, sections 3, 9, 12 and 13 - Arbitration Act 1996, section 101 - Administration of Justice Act 1920, section 9.

IMPERATOR I MARITIME CO v BUNGE SA (THE "CORAL SEAS")

[2016] Lloyd's Rep. Plus 61

Charterparty (Time) - Performance warranty - Charterer alleging underperformance - Whether defence for owner to prove that underperformance resulted from compliance with charterer's orders.

MWB BUSINESS EXCHANGE CENTRES LTD v ROCK ADVERTISING LTD

[2016] Lloyd's Rep. Plus 62

Contract - Licence to occupy premises - Licence prohibiting oral variation - Whether oral variation binding on the parties - Consideration - Promissory estoppel - Proprietary estoppel - Waiver.

PATEL v MIRZA

[2016] Lloyd's Rep. Plus 63

Illegality - Payment made to bet on shares using inside information - Information proving incorrect and bet not taking place - Whether lender could recover payment - Public policy - Factors determining whether repayment should be required.

MITSUI & CO LTD AND OTHERS v BETEILIGUNGSGESELLSCHAFT LPG TANKERFLOTTE MBH & CO KG AND ANOTHER (THE "LONGCHAMP")

[2016] Lloyd's Rep. Plus 64

General average - Vessel seized by pirates in Gulf of Aden - Negotiations for payment of ransom - Whether expenses incurred by shipowner during period of negotiations allowable in general average - Whether cost of bunker consumption an "expense" - York-Antwerp Rules 1974, Rules A and F.

MARSDEN v BARCLAYS BANK PLC

[2016] Lloyd's Rep. Plus 65

Banking - Interest-rate swaps - Validity of Settlement Agreement - Past consideration - Economic duress - Effect of investigation required by regulator - Financial Services and Markets Act 2000, section 138D.

MSC MEDITERRANEAN SHIPPING CO SA v COTTONEX ANSTALT

[2016] Lloyd's Rep. Plus 66

Carriage of goods by sea - Container demurrage - Cargo interests failing to collect containerised goods from discharge port - Carrier claiming container demurrage from shipper - Whether demurrage payable - Whether contracts of carriage repudiated by frustrating delay - Whether carrier entitled to affirm contracts and claim continuing demurrage.

REITER PETROLEUM INC v THE SHIP "SAM HAWK"

[2016] Lloyd's Rep. Plus 67

Admiralty jurisdiction - Action in rem - Time-charterer failing to pay for bunkers supplied to vessel - Bunker suppliers arresting vessel in Australia on basis of maritime lien under United States or Canadian law - Whether foreign maritime lien recognised under Australian law - Whether court had in rem jurisdiction - Whether shipowner entitled to summary judgment - Admiralty Act 1988 (Cth), sections 15 and 17.

OMV PETROM SA v GLENCORE INTERNATIONAL AG (NO 2)

[2016] Lloyd's Rep. Plus 68

Tort - Deceit - Damages - Sale of crude oil - Fraudulent misrepresentations made in relation to constituents of cargoes - Measure of damages.

BAHAMAS OIL REFINING COMPANY INTERNATIONAL LTD v OWNERS OF THE CAPE BARI TANKSCHIFFAHRTS GMBH & CO KG (BAHAMAS) (THE "CAPE BARI")

[2016] Lloyd's Rep. Plus 69

Limitation of liability - Contracting out - Whether shipowners entitled to contract out of statutory right of limitation - Whether parties did in fact agree to exclude owners' right to limit liability - Convention on Limitation of Liability for Maritime Claims 1976.

BAILEY AND ANOTHER v ANGOVE'S PTY LTD

[2016] Lloyd's Rep. Plus 70

Agency - Authority - When authority of agent irrevocable - Receipt of money by agent imminently insolvent - Constructive trust.

SPAR SHIPPING AS v GRAND CHINA LOGISTICS HOLDING (GROUP) CO LTD (THE "SPAR CAPELLA", "SPAR VEGA" AND "SPAR DRACO")

[2016] Lloyd's Rep. Plus 71

Charterparty (Time) - Hire - Owners withdrawing vessels for non-payment of hire - Whether obligation to make punctual payments of hire a condition of relevant charterparties - Whether renunciation by charterers - New York Produce Exchange 1993 form.

ESSAR OILFIELDS SERVICES LTD v NORSCOT RIG MANAGEMENT PVT LTD

[2016] Lloyd's Rep. Plus 72

Arbitration - Serious irregularity - Award of costs - Whether litigation funding costs amounted to "other costs" - Waiver - Running of time for appeal against an award where it had been corrected - Extension of time - Arbitration Act 1996, sections 59, 61, 63, 68, 69, 70, 73, 80 and 81.

KAIROS SHIPPING LTD AND ANOTHER v ENKA & CO LLC AND OTHERS (THE "ATLANTIK CONFIDENCE")

[2016] Lloyd's Rep. Plus 73

Limitation of liability - Conduct barring limitation - Vessel catching fire in Gulf of Aden and subsequently flooding and sinking - Owners seeking limitation decree - Whether owners barred from limiting liability - Whether loss resulted from owners' personal act or omission committed with the intent to cause loss - Burden and standard of proof - Convention on Limitation for Liability of Maritime Claims 1976, article 4.

SIMMONDS v GAMMELL

[2016] Lloyd's Rep. Plus 74

Arbitration - Error of law - Reinsurance - Aggregation clause - Meaning of "any one event" - Arbitration Act 1996, section 69.

VINNLUSTODIN HF AND ANOTHER v SEA TANK SHIPPING AS (THE "AQASIA")

[2016] Lloyd's Rep. Plus 75

Carriage of goods by sea - Package limitation - Whether "unit" meant physical unit for shipment or unit of measurement - Whether package limitation capable of applying to bulk cargo - 1924 Hague Rules, article IV rule 5

REGULUS SHIP SERVICES PTE LTD v LUNDIN SERVICES BV AND ANOTHER

[2016] Lloyd's Rep. Plus 76

Towage - Towcon providing that tow should be provided in light ballast condition - Whether tow in light ballast condition - Whether tugowner entitled to delay payments - Whether tugowner warranted average speed of about 4.5 knots - Whether Towcon repudiated by hirer or by tugowner.

VOLCAFE LTD AND OTHERS v COMPANIA SUD AMERICANA DE VAPORES SA (TRADING AS "CSAV")

[2016] Lloyd's Rep. Plus 77

Carriage of goods by sea - Consignments of bagged coffee beans in containers carried on LCL/FCL terms - Cargo found to be damaged by condensation - Temporal scope of Hague Rules - Burden of proof - Whether carrier failed properly and carefully to load and carry the goods - Whether carrier entitled to rely on "inherent vice" exception â Whether damage inevitable - Hague Rules, article III rule 2 and article IV rule 2(m).

PT TRANSPORTASI GAS INDONESIA v CONOCOPHILLIPS (GRISSIK) LTD AND ANOTHER

[2016] Lloyd's Rep. Plus 78

Arbitration - Serious irregularity - Enforcement of award - Unfairness - Excess of powers - Failure to deal with an issue - Public policy - Arbitration Act 1996, sections 33, 66 and 68.

BCY v BCZ

[2016] Lloyd's Rep. Plus 79

Arbitration - Jurisdiction - Existence of arbitration agreement - Law applicable to arbitration agreement.

DYNA-JET PTE LTD v WILSON TAYLOR ASIA PACIFIC PTE LTD

[2016] Lloyd's Rep. Plus 80

Arbitration - Stay of proceedings - Unilateral right of one party to elect for arbitration - Whether clause was agreement to arbitrate - Whether decision to litigate rendered arbitration agreement incapable of being performed.

COLLINS v LAWRENCE

[2016] Lloyd's Rep. Plus 81

Practice - Limitation of time - Personal injury - Claimant passenger disembarking from boat after fishing trip - Claimant slipping on plywood board placed on shingle at foot of freestanding steps - Whether accident occurred while in course of disembarkation - Whether claim time-barred - Athens Convention 1974.

Lloyd's Law Reports Plus