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IBRAHIM SHANKER & CO. AND OTHERS v. DISTOS COMPANIA NAVIERA S.A. (THE "SISKINA")

[1978] 1 Lloyd's Rep. 1

Practice-Injunction-Non-payment of freight- Injunction to restrain removal or disposal of assets from within jurisdiction granted-Whether owners' application to set aside writ and injunction should be granted-R.S.C., O.11, r. 1(1)(i).

THE "MYRTO"

[1978] 1 Lloyd's Rep. 11

Admiralty practice - Appraisement and sale of ship - Two mortgages on vessel executed by owners - Vessel subsequently let out under speculative charter-party - Mortgage debt not repaid - Vessel arrested - Application by mortgagees for order for appraisement and sale of vessel - Objection by owners - Application by charterers for release of vessel from arrest - Whether mortgagees' security impaired.

NEA TYHI MARITIME CO. LTD. OF PIRAEUS v. COMPAGNIE GRAINIERE S.A. OF ZURICH (THE "FINIX")

[1978] 1 Lloyd's Rep. 16

Charter-party (Voyage) - Laytime - Vessel arrived in roads at Nampo - "Time lost waiting for berth to count as discharging time" - Whether "berth" means "any berth" or particular berth to which vessel is to proceed for discharge - Whether time lost provision applies to an "arrived ship" - Whether interest payable on lesser sum of award.

EUROPEAN-AMERICAN BANKING CORPORATION v. TOTAL TRANSPORT CORPORATION (THE "KATINGO COLOCOTRONIS")

[1978] 1 Lloyd's Rep. 20

Charter-party (Time) - Non-payment of hire - Change of managers of ship without consent of charterers - Charterers repudiated charter - Owners assigned moneys to bank - Bank obtained summary judgment under O.14 - Whether charterers ought to be given leave to defend - R.S.C., O.14.

ASSOCIATED BULK CARRIERS LTD. v. KOCH SHIPPING INC. (THE "FUOHSAN MARU")

[1978] 1 Lloyd's Rep. 24

Charter-party (Time) - Stay of action - Wrongful repudiation of charter by charterers - Shipowners claimed unliquidated damages - Whether shipowners entitled to summary judgment under R.S.C., O. 14 - Whether charterers entitled to stay of action - R.S.C., O. 14 - Arbitration Act, 1975, s. 1.

MARUBENI CORPORATION AND MARUBENI AMERICAN CORPORATION v. PEARLSTONE SHIPPING CORPORATION (THE "PUERTO ACEVEDO")

[1978] 1 Lloyd's Rep. 38

Practice-Limitation of liability-Damage to cargo- Undertaking by shipowners' P and I Club to honour cargo-owners' claims against shipowners- Shipowners alleged demise charterers liable- Whether cargo-owners could add demise charterers as additional defendants-Whether time bar under art. III, r. 6, of the Hague Rules applied-R.S.C., O. 15, r.6.

THE "STELLA ANTARES"

[1978] 1 Lloyd's Rep. 41

Admiralty practice-Action in rem-Negligent navigation-Casualty in River Tagus within port of Lisbon-Crossing vessels in imminent danger of collision-Violent avoiding action averted collision-Whether near collision and grounding of vessel caused by negligent navigation-Collision Regulations, r. 25(a)-Instructions for Navigation and Stay in Port of Lisbon, arts. 5.2.4.1, 5.2.4.2.

COSMOS BULK TRANSPORT INC. v. CHINA NATIONAL FOREIGN TRADE TRANSPORTATION CORPORATION (THE "APOLLONIUS")

[1978] 1 Lloyd's Rep. 53

Charter-party (Time) - Speed warranty - Slow steaming by vessel due to bottom fouling - Whether speed warranty applicable at date of charter and/or at date of delivery - Whether charterers entitled to withhold hire for loss of time due to slow steaming and failure to prosecute voyage with utmost dispatch - Baltime 1939.

PROVIMI HELLAS A.E. v. WARINCO A.G.

[1978] 1 Lloyd's Rep. 67

Sale of goods (f.o.b.)-Non-delivery-Prohibition- Licence for export of soya bean meal from Greece granted-Subsequent revocation of licence- Whether sellers excused from performance of contract-GAFTA contract forms 119, 125. Arbitration-Award-Appeal from award-Whether appeal barred-GAFTA contract form 125.

PATERSON v. COSTAIN & PRESS (OVERSEAS) LTD. AND OTHERS

[1978] 1 Lloyd's Rep. 86

Insurance (Employers' Liability)-Personal injury- Policy covering building contractor in respect of liability for personal injury suffered by employee in course of employment-Employee employed at contractor's site-Employee returning from local leave and travelling in employer's vehicle-Vehicle involved in accident and employee injured- Whether accident occurred "in course of employment."

PENTAGON CONSTRUCTION (1969) CO. LTD. v. UNITED STATES FIDELITY & GUARANTY CO.

[1978] 1 Lloyd's Rep. 93

Insurance (Contractor's All Risk) - Exclusion clause - Policy excluding liability for "faulty or improper workmanship" and "faulty or improper design" - Concrete tank to be built by insured contractors - Top of tank to be welded to wall by metal struts - No welding carried out by insureds' employees - Tank filled with water to test it - Bursting of tank - Claim by insured - Whether loss fell within exception clause - Whether insurers estopped from denying liability - Canada. Insurance (Contractor's All Risk) - Policy - Construction - Contra proferentem rule.

DISTILLERS CO. LTD. AND ANOTHER v. M.V. "AGELOS RAPHAEL", PROTOSTATIS COMPANIA NAVIERA S.A. AND ATLANTIC LINES & NAVIGATION CO. INC. (THE "AGELOS RAPHAEL")

[1978] 1 Lloyd's Rep. 105

Arbitration-Stay of action-Bill of lading containing arbitration clause-Goods shipped at Toledo, Ohio, for delivery at Leith, Scotland-Vessel operated by Greek company-Officers and crew Greek-Vessel grounding in St. Lawrence River- Cargo damaged-Arbitration clause stating that disputes must be submitted to arbitration in London-Action brought in Canadian Court by cargo-owners-Application by shipowners to contest Court's jurisdiction or stay action by reason of arbitration clause-Whether application should be granted-Factors to be considered-Canada.

AMSTAR CORPORATION v. M.V. "ALEXANDROST." AND NAVA SHIPPING CO. LTD. (THE "ALEXANDROST.")

[1978] 1 Lloyd's Rep. 109

Admiralty practice - Action in rem - Arrest of vessel by owners of damaged cargo - Whether shipowners knew of arrest - Whether arrest unlawful and unconditional - Supplemental Rules for Certain Admiralty and Maritime Claims, rr. A to F. - U.S. Constitution Fifth Amendment - United States.

BUCHANAN AND CO. LTD. v. BABCO FORWARDING AND SHIPPING (U.K.) LTD.

[1978] 1 Lloyd's Rep. 119

Carriage by road - "C.M.R." conditions - Customs and excise duty - Whisky in bond intended for export - Theft of whisky while in England - Revenue claimed duty - Whether carrier liable for value of whisky in bond and excise duty - Carriage of Goods by Road Act, 1965, s. 1. sched. arts. 23 (1), (2) and (4)-Customs and Excise Act, 1952, s. 85.

S.A. CONSORTIUM GENERAL TEXTILES v. SUN AND SAND AGENCIES LTD.

[1978] 1 Lloyd's Rep. 134

Conflict of laws-Sale of goods-Foreign judgment- Buyers failed to pay for goods-Sellers obtained judgment in French Court-Whether judgment could be registered and enforced in England- Foreign Judgments (Reciprocal Enforcement) Act, 1933, ss. 1, 2, 4, 5.

WARINCO A.G. v. FRITZ MAUTHNER

[1978] 1 Lloyd's Rep. 151

Sale of goods (c.i.f.)-Non-delivery-Prohibition of export-Suspension of export licence-Sellers unable to perform contact-Buyers claimed damages for non-delivery-Whether sellers protected by cl. 21 of GAFTA 100.

THE SANKO STEAMSHIP CO. LTD. v. KANO TRADING LTD.

[1978] 1 Lloyd's Rep. 156

Contract - Shipbuilding - Rejection - Vessel described in charter as "to be built at Osaka Shipbuilding Co. Ltd. Hull No. 352" - Vessel built at Oshima - Whether misdescription - Whether Charterers entitled to reject vessel - Whether shipowners entitled to summary judgment under R.S.C., O. 14.

HOWE RICHARDSON SCALE CO. LTD. v. POLIMEX-CEKOP AND NATIONAL WESTMINSTER BANK LTD.

[1978] 1 Lloyd's Rep. 161

Practice-Injunction-Banking-Sale of goods- Bank guarantee-Bank guaranteed refund of advance payment if non-delivery-Buyers alleged non-delivery-Whether bank bound to honour guarantee-Whether injunction to restrain buyers from claiming under guarantee should be granted.

EDWARD OWEN ENGINEERING LTD. v. BARCLAYS BANK INTERNATIONAL LTD. AND UMMA BANK

[1978] 1 Lloyd's Rep. 166

Banking - Letter of credit - Performance bond - Contract between English suppliers and Libyan customers - English bank issued performance bond - Libyan bank issued unconfirmed letter of credit - English suppliers repudiated contract - Whether English bank bound by performance bond.

BABER v. KENWOOD MANUFACTURING CO. LTD. AND WHINNEY MURRAY & CO.

[1978] 1 Lloyd's Rep. 175

Contract-Negligence-Valuation of shares in default of agreement-Whether valuation binding- Whether valuer owed a duty to exercise proper cure and skill in preparing valuation-Whether action ought to be dismissed under R.S.C., O. 18, r. 19.

THE "AVENTICUM"

[1978] 1 Lloyd's Rep. 184

Admiralty practice-Action in rem-Jurisdiction- Whether vessel beneficially owned by defendants- Wether writ and all subsequent proceedings should be set aside for lack of jurisdiction- Whether cargo-owners' action time barred- Administration of Justice Act, 1956, s.3(4)- R.S.C., O. 18, r. 19.

SURREY SHIPPING CO. LTD. v. COMPAGNIE CONTINENTALE (FRANCE) S.A. (THE "SHACKLEFORD")

[1978] 1 Lloyd's Rep. 191

Charter-party (Voyage)-Laytime-Special clause in charter provided for commencement of laytime- Vessel shifted from one berth to another-Whether shifting interrupted running of laytime-Baltimore form C charter-party.

SIDERMAR S.p.A. v. APOLLO CORPORATION (THE "APOLLO")

[1978] 1 Lloyd's Rep. 200

Charter-party (Time)-Hire-Vessel unable to load until free pratique granted-Whether vessel off hire-Whether owners entitled to hire for period vessel off-hire-New York Produce Exchange form.

NIPPON YUSEN KAISHA v. INTERNATIONAL IMPORT AND EXPORT CO. LTD. (The "ELBE MARU")

[1978] 1 Lloyd's Rep. 206

Carriage by road - Stay of proceedings - Exemption clause in bill of lading - Carrier sub-contracted carriage of goods to hauliers - Goods stolen while in custody of hauliers - Indorsees of bills of lading claimed damages against haulier - Whether indorsee bound by exception clause - Whether action and all further proceedings should be stayed - Judicature Act, 1925, s. 41.

BAHAMAS OIL REFINING CO. v. KRISTIANSANDS TANKREDERIE A/S AND OTHERS AND SHELL INTERNATIONAL MARINE LTD. (THE "POLYDUKE")

[1978] 1 Lloyd's Rep. 211

Charter-party-Indemnity-Damage to jetty-Master signed "Conditions of Use . . . of Jetties . . ." before vessel allowed to berth-Vessel ranged against jetty causing damage-Whether shipowners bound by indemnity clause in document signed by master-Whether master had express, implied, or ostensible authority to sign document.

BUNGE G.m.b.H. v. C.C.V. LANDBOUWBELANG G.A.

[1978] 1 Lloyd's Rep. 217

Sale of goods (c.i.f.) - Non-delivery - Notice of appropriation - Date of default - Sellers failed to give notice of appropriation in relation to 200 tonnes of soya bean meal - Whether sellers in default - Whether sellers' notice of appropriation relating to 39.2 tonnes valid - Whether date of default July 10 or 11 - GAFTA 100.

ROUSSEL-UCLAF v. G. D. SEARLE & CO. LTD. AND G.D. SEARLE & CO.

[1978] 1 Lloyd's Rep. 225

Arbitration - Stay of proceedings - Plaintiff granted exclusive licence to market diisopyramide base throughout the world except U.S.A. - Defendants introduced diisopyramide phosphates into U.K. - Whether infringement of U.K. patent - Whether defendants had taken a step in the action - Whether action ought to be stayed - Arbitration Act, 1975, s. 1.

TAN KENG HONG AND YOONG LEOK KEE CORPORATION LTD. v. NEW INDIA ASSURANCE CO. LTD.

[1978] 1 Lloyd's Rep. 233

Insurance (Motor)-Passenger liability-Exclusion clause-Liability excluded unless passenger carried "by reason of or in pursuance of a contract of employment"-Plaintiffs' lorry overturned killing passenger-Judgment obtained against plaintiffs- Whether plaintiffs could claim an indemnity from insurers-Whether insurers could rely upon exclusion clause.

TRANSAMERICAN OCEAN CONTRACTORS INC. v. TRANSCHEMICAL ROTTERDAM B.V. (THE "IOANNA")

[1978] 1 Lloyd's Rep. 238

Charter-party (Voyage)-Arbitration-Words "& Arbitration" added to general average clause- Whether clause covered disputes as to demurrage- Whether owners' application for appointment of sole arbitrator should be granted.

LAMBERT v. MAINLAND MARKET DELIVERIES LTD.

[1978] 1 Lloyd's Rep. 245

Practice - Procedure - Payment into County Court - Motor car accident - Defendants' insurers made payment into Court - Action automatically stayed under County Court rules - Whether Court had power to set aside stay of proceedings in County Court.

COMPANIA ARGENTINA DE NAVEGACION DE ULTRAMAR v. TRADAX EXPORT S.A. (THE "PUERTO ROCCA")

[1978] 1 Lloyd's Rep. 252

Charter-party (Voyage) - Laytime - Vessel failed to obtain customs' clearance - Charterers rejected first, but accepted second, notice of readiness - Whether first notice valid - Date of commencement of laytime.

LOGS & TIMBER PRODUCTS (SINGAPORE) PTE. LTD. v. KEELEY GRANITE (PTY.) LTD. (THE "FREIJO")

[1978] 1 Lloyd's Rep. 257

Charter-Party (Voyage)-Laytime-Notice of readiness given soon after vessel arrived at pilot station-Port congested-Free pratique granted about 18 days later-Date of commencement of laytime.

MITSUI O.S.K. LINES LTD. v. AGIP S.p.A. (THE "BUNGAMAWAR")

[1978] 1 Lloyd's Rep. 263

Charter-party (Consecutive Voyage)-Freight- Construction of freight clause-Worldscale rates applicable-Freight payable upon completion of discharge of cargo-Whether "Worldscale as amended" related to Worldscale as amended as at the date of accrual of obligation to pay freight.

CHERRY LTD. v. ALLIED INSURANCE BROKERS LTD.

[1978] 1 Lloyd's Rep. 274

Insurance (Consequential Loss)-Insurance brokers- Cancellation of existing policies-New insurance cover arranged-Brokers negligently advised plaintiffs that double insurance in force-New insurance cover cancelled-Brokers failed to advise plaintiffs that existing cover cancelled-Fire at plaintiffs premises-No available insurance- Whether plaintiffs entitled to recover from brokers.

SGS-ATES COMPONENTI ELETTRONICI S.p.A. v. GRAPPO LTD., BRITISH ROAD SERVICES LTD. AND FURTRANS B.V.

[1978] 1 Lloyd's Rep. 281

Carriage by road - "C.M.R." - Damage to goods in transit - Whether third defendants "last carriers" within art. 36 - Whether writ and service of notice of writ on third defendants should be set aside - Carriage of Goods by Road Act, 1965, Schedule, arts. 4, 34, 35 and 36.

MILES INTERNATIONAL CORPORATION v. FEDERAL COMMERCE & NAVIGATION CO., FEDERAL STEVEDORING LTD. AND BELCAN N.V. (THE "FEDERAL SCHELDE")

[1978] 1 Lloyd's Rep. 285

Bill of lading - Exception clause - Scrap copper received for shipment at Montreal - Owners given engagement note by general agents - Exemption clauses of bills of lading incorporated into engagement note - Stipulation in bill of lading that stevedores could rely on exemption clauses - Cargo shipped in containers at Montreal - Cargo found to be missing after discharge of vessel - Negligence but not gross negligence of general agents and stevedores - Whether exemption clauses could be relied on - Canada.

GULFCOAST TRANSIT CO. v. M.T. "ANCO PRINCESS", ET. AL. (THE "ANCO PRINCESS")

[1978] 1 Lloyd's Rep. 293

Collision - Crossing vessels - Vessels meeting end on in river - Whether insufficient room for port to port passing - Collision during manoeuvre - Apportionment of blame - Liability to cargo-owners - Recovery by cargo-owners from contributorily negligent non-carrying vessel - United States.

HOULDEN & CO. LTD. AND OTHERS v. S.S. "RED JACKET" AND AMERICAN EXPORT LINES LTD.; METAL TRADERS INC., THIRD PARTY; UNITED STATES FOURTH PARTY (THE "RED JACKET")

[1978] 1 Lloyd's Rep. 300

Bill of lading-Unseaworthiness-Container supplied by owners of container vessel to shippers of tin ingots-Container breaking loose during voyage- Other containers swept overboard or damaged- Whether loss due to bad stowage of container or structural defect of container-Whether vessel's owner had exercised due diligence to make vessel seaworthy-United States Carriage of Goods by Sea Act, 1936, s. 4(1) (46 U.S.C. s. 1304(1))- United States.

THE "PERMINA 108"

[1978] 1 Lloyd's Rep. 311

Charter-party (Time)-Hire-Non-payment of hire- Action in rem-Vessel arrested-Whether vessel which had no connection with claim could be arrested-High Court (Admiralty Jurisdiction) Act, (Cap. 6), s. 3(1), s. 4(4)-Singapore.

THE "PERMINA SAMUDRA XIV"

[1978] 1 Lloyd's Rep. 315

Charter-party (Time) - Hire - Non-payment of hire - Action in rem - Vessel arrested - Whether Admiralty jurisdiction of the High Court could be invoked against other ships of the charterers in respect of same maritime claim - Singapore.

LUMMUS CO. LTD. v. EAST AFRICAN HARBOURS CORPORATION

[1978] 1 Lloyd's Rep. 317

Bill of lading-Exclusion of liability-Clause purporting to extend to independent contractor immunity of carrier-Crude oil tower damaged while being discharged by harbour authority- Whether authority could rely on exemption clause-Whether harbour regulation exempting authority from liability was ultra vires-East African Harbours Corporation Act, s. 76-East African Harbour Regulations, reg. 61(1), 184(1), 187-Kenya.

PRACTICE DIRECTION

[1978] 1 Lloyd's Rep. 323

Costs in petitions for leave to appeal

DIAS COMPANIA NAVIERA S.A. v. LOUIS DREYFUS CORPORATION (THE "DIAS")

[1978] 1 Lloyd's Rep. 325

Charter-party (Voyage) - Demurrage - Expiry of laytime - Cargo fumigated while vessel waiting in roads - Owners claimed demurrage - Whether charterers entitled to exclude period occupied in fumigation from calculation of demurrage.

KARUPPAN BHOOMIDAS v. PORT OF SINGAPORE AUTHORITY

[1978] 1 Lloyd's Rep. 330

Negligence - Personal injuries - Stevedore's death caused by negligence of fellow worker - Whether port authority vicariously liable - Whether port authority exempted by by-law 26 from liability to the deceased - Whether by-law ultra vires.

HOWARD MARINE AND DREDGING CO. LTD. v. A. OGDEN & SONS (EXCAVATIONS) LTD.

[1978] 1 Lloyd's Rep. 334

Charter-party (Demise) - Hire - Contract for hire of two barges - Misrepresentation by owners as to deadweight capacity - Non-payment of hire - Whether owners liable for misrepresentation - Misrepresentation Act, 1967, ss. 2(1), 3.

MAMMOTH BULK CARRIERS LTD. v. HOLLAND BULK TRANSPORT B.V. (THE "CAPTAIN DIAMANTIS")

[1978] 1 Lloyd's Rep. 346

Charter-party (Time) - Redelivery - Bunkers - Owners to pay for fuel remaining on board vessel - Charterers intended to redeliver vessel with full bunkers in excess of their requirements - Whether owners in breach for ordering master not to accept further bunkers - New York Produce Exchange form.

E. B. AABY'S REDERI A/S v. THE UNION OF INDIA (THE "EVJE" (NO. 2))

[1978] 1 Lloyd's Rep. 351

Charter-party (Voyage) - General average - Undertaking by charterers to pay general average contribution "which may be legally due" - Whether undertaking contractual - Whether Jason clause prevented recovery of general average - Whether vessel unseaworthy at beginning of voyage - Baltimore Berth Grain form C.

EAGLE STAR INSURANCE CO. LTD. v. YUVAL INSURANCE CO. LTD.

[1978] 1 Lloyd's Rep. 357

Arbitration - Reinsurance - Arbitration clause in treaty of reinsurance - Claim by insurers against reinsurers - Validity of arbitration clause - Whether insurers entitled to summary judgment under R.S.C., O.14 - Whether action should be stayed for reference to arbitration.

B.P. BENZIN UND PETROLEUM A.G. AND ANOTHER v. EUROPEAN-AMERICAN BANKING CORPORATION AND OTHERS

[1978] 1 Lloyd's Rep. 364

Charter-party (Time) - Procedure - Interpleader - Jurisdiction - Charter hire paid into joint account - Expenses incurred in operating vessels - Whether charter hire should be used to discharge liabilities - Whether Court had jurisdiction to order disposal of interpleaded moneys - R.S.C., O.17, r.8.

CITIBANK N.A. v. HOBBS SAVILL & CO. LTD. AND DRAY SHIPPING CO. LTD. AND A/S SEAHERON (THE "PANGLOBAL FRIENDSHIP")

[1978] 1 Lloyd's Rep. 368

Practice - Charter-party (Time) - Intervener - Vessel mortgaged to bank - Vessel a total loss - Bank claimed insurance moneys - Whether charterers should be allowed to intervene - R.S.C., O.15, r. 6(2)(b)(ii).

PROVIMI HELLAS A.E. v. WARINCO A.G.

[1978] 1 Lloyd's Rep. 373

Sale of goods (f.o.b.) - Non-delivery - Prohibition - Licence for export of soya bean meal from Greece granted - Subsequent revocation of licence - Whether sellers excused from performance of contract - GAFTA contract forms 119, 125. Arbitration - Award - Appeal from award - Whether appeal barred - GAFTA contract form 125.

SEDDON v. BINIONS AND OTHERS ZURICH INSURANCE CO. LTD. (THIRD PARTY) STORK v. SAME AND SAME, ZURICH INSURANCE CO. LTD. (THIRD PARTY)

[1978] 1 Lloyd's Rep. 381

Insurance (Motor) - Exclusion clause - Policy covered "use for social domestic and pleasure purposes" - Father using son's car to take son's employee home involved in accident - Whether father's insurers liable to pay one-half of damages - Whether exclusion clause applied.

EUROPEAN-AMERICAN BANKING CORPORATION v. TOTAL TRANSPORT CORPORATION (THE "KATINGO COLOCOTRONIS")

[1978] 1 Lloyd's Rep. 388

Charter-party (Time) - Hire - Non-payment of hire - Change of managers of ship without consent of charterers - Charterers repudiated charter - Whether term of charter that managers only changed with consent of charterers.

TRAMOUNTANA ARMADORA S.A. v. ATLANTIC SHIPPING CO. S.A.

[1978] 1 Lloyd's Rep. 391

Arbitration - Costs - Disputes arising out of charter-party referred to arbitration - Arbitrator made award in favour of shipowners - Awarded costs of hearing and of award to charterers - Whether arbitrator misdirected himself - Whether costs should follow the event.

LIMAKO B.V. v. HENTZ & CO. INC.

[1978] 1 Lloyd's Rep. 400

Agency - Sale of goods - Call options for cocoa futures exercised by brokers in favour of clients - Whether broker acting as agent or principal when dealing with clients.

BOUGHEN v. FREDERICK ATTWOOD LTD. AND CRYOPLANTS LTD.

[1978] 1 Lloyd's Rep. 413

Carriage by road - Indemnity - Personal injuries - Driver awarded damages against carrier - Whether carrier could claim indemnity from customer - Whether R.H.A. Conditions, 1967, condition 3(4) applied.

AMERICAN EMPLOYERS INSURANCE CO. v. ST. PAUL FIRE AND MARINE INSURANCE CO. LTD.

[1978] 1 Lloyd's Rep. 417

Insurance (Marine) - Policy - Reformation (i.e. rectification) of policy - Barges insured under policy giving coverage on a "per vessel" basis - Claim against insurers for loss of barges destroyed in one accident - Denial of liability by insurers on ground that parties intended coverage to be on "per occurrence" basis - Whether policy should be reformed - United States.

PRACTICE NOTE

[1978] 1 Lloyd's Rep. 423

CRETANOR MARITIME CO. LTD. v. IRISH MARINE MANAGEMENT LTD. (THE "CRETAN HARMONY")

[1978] 1 Lloyd's Rep. 425

Practice - Injunction - Charter-party - Charterers executed debenture in favour of bank - Disputes arose under charter-party - Owners obtained Mareva injunction - Receiver appointed by debenture holder - Whether injunction should be discharged.

EXPORTELISA S.A. v. ROCCO GIUSEPPE & FIGLI SOC. COLL.

[1978] 1 Lloyd's Rep. 433

Sale of goods (f.o.b.) - Non-delivery - Argentine state organ extended monopoly to include Candeal and/or Taganrog wheat - Sellers could only buy wheat from state organ - Prevented from fulfilling contract - Whether sellers protected by prohibition clause - GAFTA 64, cl. 14.

THE "UNIQUE MARINER"

[1978] 1 Lloyd's Rep. 438

Salvage - Contract - Validity - Master signed Lloyd's form of salvage agreement - Master refused to allow salvors to perform contract - Whether master had authority to sign agreement - Whether contract invalidated on grounds of misrepresentation, mistake and non-disclosure.

SOKRATIS ROKOPOULOS v. ESPERIA S.p.A. (THE "AROS")

[1978] 1 Lloyd's Rep. 456

Charter-party (Time) - Arbitration - Misconduct of arbitrators - Whether charterers had opportunity of putting all evidence and submissions before arbitrators - Whether absence of opportunity a serious procedural mishap - Whether charterers had waived right to remit award - Whether application for extension of time should be granted.

GEORGE VEFLINGS REDERI A/S v. PRESIDENT OF INDIA (THE "BELLAMI")

[1978] 1 Lloyd's Rep. 467

Charter-party (Voyage)-Freight-Rate of exchange - Whether rate of exchange ruling at date of default or date of payment applicable.

MARCEL BELLER LTD. v. HAYDEN

[1978] 1 Lloyd's Rep. 472

BUNGE S.A. v. SCHLESWIG-HOLSTEINISCHE LANDWIRTSCHAFTLICHE HAUPTGENOSSENSCHAFT EINGETR G.m.b.H.

[1978] 1 Lloyd's Rep. 480

Sale of goods (c.i.f.) - Non-delivery - Waiver - Buyers accepted part of June instalment but rejected further appropriation - Whether buyers had waived their rights - Whether buyers' claim to damages for non-delivery time barred - GAFTA 100, 125.

THOS. P. GONZALEZ CORPORATION v. F. R. WARING (INTERNATIONAL) (PTY) LTD.

[1978] 1 Lloyd's Rep. 494

Sale of goods (c.i.f.) - Carrying charges - Late arrival and/or nomination of vessel - Whether carrying charges amounted to a penalty or a genuine pre-estimate of damages - Whether late nomination of vessel by buyer - Whether seller entitled to interest on carrying charges - GAFTA 64.

BUNGE G.m.b.H. v. ALFRED C. TOEPFER

[1978] 1 Lloyd's Rep. 506

Sale of goods (c.i.f.)-Non-delivery-Force majeure-Flooding of Mississippi River-Delay in shipment-Sellers gave notice of extension of shipment period-Whether notices valid-Whether sellers liable to buyers in damages-GAFTA 100.

COMPAGNIE GRAINIERE S.A. v. FRITZ KOPP A.G.

[1978] 1 Lloyd's Rep. 511

Arbitration - Sale of goods - Non-delivery - Buyers in earlier arbitration proceedings obtained declaration of liability - Sellers refused payment of buyers' debit note - Buyers referred claim for damages to arbitration - Whether buyers' claim for damages should have been raised at same time as issue of liability.

ROWLANDSON AND OTHERS v. NATIONAL WESTMINSTER BANK LTD.

[1978] 1 Lloyd's Rep. 523

Banking - Fiduciary duty - Trust account opened on behalf of beneficiaries - Whether an express trust created - Whether bank a constructive trustee - Whether bank owed a fiduciary duty to beneficiaries.

SERVICES EUROPE ATLANTIQUE SUD (SEAS) v. STOCKHOLMS REDERIAKTIEBOLAG SVEA (THE "FOLIAS")

[1978] 1 Lloyd's Rep. 535

Arbitration - Award - Charter-party - Currency of account of charter-party And bills of lading U.S. dollars - Arbitrators made award in French francs - Whether arbitrators had jurisdiction to make award in currency other than currency of account.

THE "RENA K"

[1978] 1 Lloyd's Rep. 545

Admiralty practice-Action in rem-Arbitration clause incorporated into bills of lading-Damage to cargo-Ship arrested-Whether dispute should be referred to arbitration-Whether owners entitled to unconditional release of ship-Whether cargo-owners entitled to a "Mareva" injunction- whether action should be stayed-Arbitration Act, 1975, s. 1(1).

THE "ZAGLEBIE DABROWSKIE" (No. 1)

[1978] 1 Lloyd's Rep. 564

Collision - Crossing vessels - Collision in North Sea - Visibility restricted by fog - Bad radar lookout - Excessive speed - Apportionment of liability.

THE "ZAGLEBIE DABROWSKIE" (No. 2)

[1978] 1 Lloyd's Rep. 573

Collision - Crossing vessels - Collision in North Sea - Vessel totally lost - Whether total loss caused by collision or by failure of those on board to take proper measures to prevent loss.

FEDERAL COMMERCE AND NAVIGATION LTD. v. MOLENA ALPHA INC. SAME v. MOLENA BETA INC. SAME v. MOLENA GAMMA INC. (THE "NANFRI", "BENFRI" AND "LORFRI")

[1978] 1 Lloyd's Rep. 581

Charter-party (Time) - Repudiation - Charterers deducted claim from instalment of hire - Owners instructed masters not to sign "freight pre-paid" bills of lading - Charterers treated owners' conduct as repudiating charters - Whether charterers entitled to make deductions - Whether charterers had validly terminated charters - Baltime form.

STOCKPORT METROPOLITAN BOROUGH COUNCIL v. O'REILLY

[1978] 1 Lloyd's Rep. 595

Arbitration - Interim award - Application to set aside or remit award - Technical misconduct of arbitrator - Errors of law on face of award - Whether application should be granted.

R. W. GREEN LTD. v. CADE BROS. FARMS

[1978] 1 Lloyd's Rep. 602

Product liability - Sale of goods - Sellers sold seed potatoes infected with virus - Buyers suffered loss of profit - Whether loss of profits recoverable from sellers - Whether sellers protected by their own conditions of sale - Sale of Goods Act 1893, ss. 14, 55.

LAMBERT AND ANOTHER v. LEWIS, LARKIN, B. DIXON-BATE LTD. AND LEXMEAD (BASINGSTOKE) LTD.; LEXMEAD (BASINGSTOKE) LTD. (THIRD PARTY); B. DIXON-BATE LTD. (FOURTH PARTY)

[1978] 1 Lloyd's Rep. 610

Product liability-Sale of goods-Implied condition-Defective towing coupling supplied by seller to owner of vehicle-Coupling broke and trailer colliding with other car-Whether coupling fit for purpose and of merchantable quality- Whether collision in contemplation of parties- Whether loss too remote-Sale of Goods Act, 1893, s. 14(1), (2). Negligence-Duty of care-Defective towing coupling-Coupling fitted to vehicle-Trailer breaking loose from vehicle after coupling parted- Collision with occupants of other car-Whether owner and driver of vehicle and manufacturer of coupling liable.

WOOLCOTT v. SUN ALLIANCE AND LONDON INSURANCE LTD.

[1978] 1 Lloyd's Rep. 629

Insurance (Fire)-Non-disclosure-Plaintiff did not disclose previous convictions-Buildings destroyed by fire-Whether insurers could avoid liability for non-disclosure-Whether non-disclosure material- Whether plaintiff under a duty to disclose previous convictions.

WOOLCOTT v. EXCESS INSURANCE CO. LTD. AND MILES, SMITH, ANDERSON AND GAME LTD.

[1978] 1 Lloyd's Rep. 633

Insurance (Fire) - Non-disclosure - Insurance brokers - Plaintiff did not disclose previous convictions to insurers - Property destroyed by fire - Whether non-disclosures material - Whether brokers aware of plaintiff's criminal record - Whether insurers could avoid policy - Whether insurers entitled to an indemnity from brokers.

Lloyd's Law Reports