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Lloyd's Law Reports RSS feed

CASTLETON COMMODITIES SHIPPING CO PTE LTD v SILVER ROCK INVESTMENTS (THE “CLIPPER MONARCH”)

Practice – Charterers failing to pay freight, deadfreight, demurrage and other charges to disponent owners – Disponent owners obtaining court order for sale of cargo subject to proceeds of sale being held by solicitors – Disponent owners applying for proceeds of sale to be paid out to them – Whether disponent owners entitled to monies – CPR Part 25.1(1)(c).

[2016] 1 Lloyd's Rep. 1

IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION

Arbitration – Enforcement of award – Security to be provided by respondent where enforcement award subject to challenge in curial courts – Change of circumstances – Public policy – Arbitration Act 1996, sections 103(3) and 103(5).

[2016] 1 Lloyd's Rep. 5

TAURUS PETROLEUM LTD v STATE OIL MARKETING COMPANY OF THE MINISTRY OF OIL, REPUBLIC OF IRAQ

Conflict of laws – Third party debt order – Situs of debt due under letter of credit – Whether court had jurisdiction to make order – Whether court entitled to make receivership order in respect of debt – Whether debt created by letter of credit became property of Iraqi state bank – Whether debt immune from execution – State Immunity Act 1978, section 14(4).

[2016] 1 Lloyd's Rep. 42

CAVENDISH SQUARE HOLDING BV v EL MAKDESSI; PARKINGEYE LTD v BEAVIS

Rule against penalties – Whether rule should remain a part of English law – Whether it applied to forfeiture clauses and to clauses requiring transfer of property rather than payment of money – Whether parking charges were penalties or unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083).

[2016] 1 Lloyd's Rep. 55

STOLT KESTREL BV v SENER PETROL DENIZCILIK TICARET AS (THE “STOLT KESTREL” AND THE “NIYAZI S”); CDE SA v SURE WIND MARINE LTD (THE “SB SEAGUARD” AND THE “ODYSSÉE”)

Admiralty practice – Claim form – Claimant bringing timeous action in rem following collision between claimant's vessel and defendant's vessel – Whether extension of time required for bringing separate in personam proceedings – Whether in personam claim form time-barred – Nature of discretion to extend time for bringing proceedings in personam – Whether court had power to order alternative service of in rem claim form out of jurisdiction – Merchant Shipping Act 1995, sections 190(3), 190(5) and 190(6) – CPR 7.6(3), CPR PD 61, para 3.67. – Admiralty practice – Claim form – Collision between claimant's vessel and defendant's vessel – Negotiations between parties – Claim subject to two-year limitation period – Whether claimant's application for extension of time should be granted – Merchant Shipping Act 1995, sections 190(3) and 190(5) – CPR 7.6(3).

[2016] 1 Lloyd's Rep. 125

THE “STX MUMBAI” AND ANOTHER MATTER

Contract – Anticipatory breach – Bunkers supplied to vessel – Bunker supplier concerned about insolvency of shipowning group and demanding payment before contractual due date – Payment not made – Bunker supplier arresting vessel for anticipatory breach – Whether doctrine of anticipatory breach applicable to executed contracts – Whether insolvency capable of amounting to repudiatory breach.

[2016] 1 Lloyd's Rep. 157