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

Arbitration – Award – Enforcement – Respondent failing to pay arbitration award – Claimant applying for third party debt order over letters of credit – Whether respondent was beneficiary of debt created by letters of credit – Situs of debt – Whether third party debt order should be made – Whether court entitled to make receivership order.

[2018] 1 Lloyd's Rep. 29

PAN-UNITED SHIPPING PTE LTD v CUMMINS SALES AND SERVICE SINGAPORE PTE LTD

Contract – Exclusion clause – Defendant contracting to overhaul engines of plaintiff's tugboat – Engine damaged after seizing up during testing – Whether defendant in breach of contract – Whether plaintiff's or defendant's standard terms applied – Whether defendant entitled to limit liability to price of quotation.

[2018] 1 Lloyd's Rep. 95

COMPANY 1 v COMPANY 2 AND ANOTHER

Arbitration – Interim relief – Order preserving evidence or assets – Whether matter urgent – Whether court should intervene where arbitration had its seat in Switzerland – Arbitration Act 1996, sections 2(3) and 44(3).

[2018] 1 Lloyd's Rep. 115

STOCKMAN INTERHOLD SA v ARRICANO REAL ESTATE PLC

Arbitration – Award set aside and remitted to arbitrator – Jurisdiction of arbitrator under a remitted arbitration – Jurisdiction to take account of facts arising after issue of first award – Jurisdiction of arbitrator – Whether agreement to extend jurisdiction – Waiver – Whether later award obtained by fraud – Serious irregularity – Arbitration Act 1996, sections 45, 67, 68, 71 and 73.

[2018] 1 Lloyd's Rep. 135

OLDHAM v QBE INSURANCE (EUROPE) LTD

Insurance (professional indemnity) – Liability of insurer to pay defence costs – Coverage dispute resolved by arbitrator in favour of insurers – Whether assured required to repay defence costs – Serious irregularity in award on costs – Extension of time for appeal – Arbitration Act 1996, sections 33, 68, 69, 70 and 80.

[2018] 1 Lloyd's Rep. 191

PHONES 4U LTD (IN ADMINISTRATION) v EE LTD

Contract – Counterclaim for damages for repudiatory breach or renunciation – Contract terminated by defendant by reason of claimant going into administration – Whether claimant in repudiatory breach – Whether defendant could rely upon repudiation or renunciation where termination was not based on breach.

[2018] 1 Lloyd's Rep. 204

PROGAS ENERGY LTD AND OTHERS v THE ISLAMIC REPUBLIC OF PAKISTAN

Arbitration – Claim in arbitration rejected and costs awarded against claimant – Appeal against arbitration award for serious irregularity – Application by defendant for security for the costs of the application and security for the costs award – Effect of claim being funded by litigation funders – Arbitration Act 1996, sections 68(2)(d), 70(5) and 70(6).

[2018] 1 Lloyd's Rep. 252

SCHENKER LTD v NEGOCIOS EUROPA LTD

Carriage of goods by air – Carrier claiming air freight from defendant – Defendant seeking to set off counterclaim for breach of contract of carriage – Whether common-law rule precluding set-off against freight extended to carriage by air.

[2018] 1 Lloyd's Rep. 271

ST SHIPPING AND TRANSPORT PTE LTD v SPACE SHIPPING LTD (THE “CV STEALTH”) (NO 2)

Arbitration – Vessel subjected to prolonged detention by Venezuelan courts – Arbitrator making interim award determining that detention was caused by charterers’ employment order – Arbitrator making subsequent award in respect of owners’ continuing losses – Whether arbitrator applied wrong legal test for causation – Whether events since initial award broke chain of causation – Whether arbitrator erred in making deduction for drydocking expenses potentially saved.

[2018] 1 Lloyd's Rep. 276

CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS (THE “RENOS”)

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, 62 and 88.

[2018] 1 Lloyd's Rep. 285

EMMOTT v MICHAEL WILSON & PARTNERS LTD

Arbitration – Anti-suit injunction – Cause of action estoppel – Issue estoppel – Abuse of process – Senior Courts Act 1981, section 37.

[2018] 1 Lloyd's Rep. 299

TOPTIP HOLDING PTE LTD v MERCURIA ENERGY TRADING PTE LTD (THE “PAN GOLD”)

Contract – Formation – Negotiations for charter of vessel – Owners’ offer expressed to be “Subject to review” of charterer's pro forma charterparty “with logical amendment” – Whether binding contract concluded – Whether any concluded contract void for uncertainty.

[2018] 1 Lloyd's Rep. 316

GAHAN v EMIRATES; BUCKLEY AND OTHERS v EMIRATES

Carriage by air - Passengers Delay - Passengers suffering delay involving connecting flights from Dubai by non-EU Community carrier - Whether passengers entitled to compensation under Regulation (EC) No 261/2004.

[2018] 1 Lloyd's Rep. 341

MT "CAPE BONNY" TANKSCHIFFAHRTS GMBH & CO KG v PING AN PROPERTY AND CASUALTY INSURANCE COMPANY OF CHINA LTD, BEIJING BRANCH(THE "CAPE BONNY")

General average - Vessel suffering engine breakdown whilst seeking to avoid typhoon - Whether casualty caused by actionable fault on part of shipowners - Burden of proof as to reasonableness of expenditure claimed - Whether mere immobilisation a sufficient peril or danger in the law of general average - Whether expenditure reasonable.

[2018] 1 Lloyd's Rep. 356

ULTRABULK A/S v JAGATRAMKA

Guarantee - Personal guarantee provided by private individual - Whether on demand bond or guarantee of performance by third party.

[2018] 1 Lloyd's Rep. 384

GPF GP SARL v THE REPUBLIC OF POLAND

Arbitration – Jurisdiction – Bilateral Investment Treaty – Vienna Convention 1969 – Arbitration Act 1996, section 67.

[2018] 1 Lloyd's Rep. 410

TRAFIGURA BEHEER BV v RENBRANDT LTD

Sale of goods (fob) – Cargo of gasoil delivered to Nigeria – Buyer alleging cargo off specification – Seller bringing proceedings in England claiming negative declaratory relief and seeking summary judgment – Whether claimant entitled to summary judgment – CPR 24.

[2018] 1 Lloyd's Rep. 437

SEA2011 INC v ICT LTD

Jurisdiction – Sales Agency Agreement including an arbitration clause – Identity of parties to the arbitration clause – Implied contract – Construction of notice of arbitration – Arbitration Act 1996, section 67.

[2018] 1 Lloyd's Rep. 463

SINGULARIS HOLDINGS LTD v DAIWA CAPITAL MARKETS EUROPE LTD

Dishonest assistance with breach of fiduciary duty – Duty of care owed by bank – Whether duty broken – Illegality – Attribution – Contributory negligence – Law Reform (Contributory Negligence) Act 1945.

[2018] 1 Lloyd's Rep. 472

MORRIS-GARNER AND ANOTHER v ONE STEP (SUPPORT) LTD

Contract – Measure of damages – Breach of non-competition clause and non-solicit obligations – Whether damages to be awarded based on notional negotiation of rights between the parties – Senior Courts Act 1981, section 50.

[2018] 1 Lloyd's Rep. 495

R (MONARCH AIRLINES LTD) v AIRPORT COORDINATION LTD

Carriage by air – Insolvency – Airline in administration – Allocation of airport slots – Council Regulation (EEC) No 95/93 on the common rules for the allocation of slots at Community airports.

[2018] 1 Lloyd's Rep. 549

RELIANCE INDUSTRIES LTD AND ANOTHER v THE UNION OF INDIA

Arbitration – Jurisdiction – Serious irregularity – Unfairness, excess of powers and failure to adhere to agreed procedures – Error of law – Arbitrability of act of state – Waiver of defence of act of state – Reservation of issue for future determination – Arbitration Act 1996, sections 31, 33, 47, 67, 68, 69 and 70.

[2018] 1 Lloyd's Rep. 562

COLLINS v LAWRENCE

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, articles 1(8) and 3.

[2018] 1 Lloyd's Rep. 603

LAWRENCE v NCL (BAHAMAS) LTD (THE “NORWEGIAN JADE”)

Admiralty – Personal injury action – Cruise passenger sustaining injury on tender boat while disembarking for shore excursion – Whether claimant contracted with cruise operator – Whether incident occurred in course of carriage – Whether incident caused by fault or neglect of cruise operator – Athens Convention 1974, articles 1.8 and 3.

[2018] 1 Lloyd's Rep. 607

COMPUTER ASSOCIATES UK LTD v THE SOFTWARE INCUBATOR LTD

Agency – Commercial Agents (Council Directive) Regulations 1993 – Whether software constituted goods – Whether either party in repudiatory breach of agency agreement – Commercial Agents Directive, Council Directive 86/653/EEC.

[2018] 1 Lloyd's Rep. 613

FLIGHTRIGHT GMBH v AIR NOSTRUM, LÍNEAS AÉREAS DEL MEDITERRÁNEO SA; BECKER v HAINAN AIRLINES CO LTD; BARKAN AND OTHERS v AIR NOSTRUM, LÍNEAS AÉREAS DEL MEDITERRÁNEO SA

Carriage by air – Jurisdiction – Connecting flight operated by different air carriers – Concept of “matters relating to a contract” – Concept of “place of performance” – Right of air passengers to compensation for denied boarding and for long delay of a flight – Action for compensation brought against operating air carrier not domiciled in the territory of a member state or with which the passengers do not have contractual relation – Regulation 261/2004/EC – Regulation 44/2001/EC, article 5(1) – Regulation 1215/2012/EC, article 7(1).

[2018] 1 Lloyd's Rep. 626

HALLIBURTON CO v CHUBB BERMUDA INSURANCE LTD AND OTHERS

Arbitration – Removal of arbitrator – Potential bias – Test for potential bias – Whether arbitrator should have disclosed other later appointments – Arbitration Act 1996, section 24.

[2018] 1 Lloyd's Rep. 638