In order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. By continuing to use this site and access its features, you are consenting to our use of cookies.
To find out more about the way Informa Law uses cookies please go to our Cookie Policy page. Close

i-law is part of the Business Intelligence Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

Informa
i-law.com
i-law.com

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

BRAND STUDIO LTD v ST JOHN KNITS INC

Agency – Agreement that agent was to be indemnified rather than compensated following termination of agency – Whether agreement validly ousted right of agent to choose – Severance – Commercial Agents (Council Directive) Regulations 1993, Regulations 17 and 19.

[2016] 1 Lloyd's Rep. 179

FREIGHT CONNECT (S) PTE LTD v PARAGON SHIPPING PTE LTD

Charterparty (Voyage) – Berth or port charter – Whether notice of readiness validly tendered – Whether owners entitled to detention charges – Whether owners entitled to indemnity in respect of claims brought by third party.

[2016] 1 Lloyd's Rep. 184

NOLAN AND OTHERS v TUI UK LTD

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.

[2016] 1 Lloyd's Rep. 211

EXMEK PHARMACEUTICALS SAC v ALKEM LABORATORIES LTD

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.

[2016] 1 Lloyd's Rep. 239

REITER PETROLEUM INC v THE SHIP “SAM HAWK”

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.

[2016] 1 Lloyd's Rep. 253

THE “VINALINES PIONEER”

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).

[2016] 1 Lloyd's Rep. 278

EGIAZARYAN AND ANOTHER v OJSC OEK FINANCE AND ANOTHER

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.

[2016] 1 Lloyd's Rep. 295

HUGHES v PENDRAGON SABRE LTD

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.

[2016] 1 Lloyd's Rep. 311

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

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.

[2016] 1 Lloyd's Rep. 320

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

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.

[2016] 1 Lloyd's Rep. 332

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

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).

[2016] 1 Lloyd's Rep. 349

ECOBANK TRANSNATIONAL INC v TANOH

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.

[2016] 1 Lloyd's Rep. 360

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

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.

[2016] 1 Lloyd's Rep. 395

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

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.

[2016] 1 Lloyd's Rep. 414

ESSAR SHIPPING LTD v BANK OF CHINA LTD(THE “KISHORE”)

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.

[2016] 1 Lloyd's Rep. 427

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

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.

[2016] 1 Lloyd's Rep. 463

GOLD RESERVE INC v BOLIVARIAN REPUBLIC OF VENEZUELA

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.

[2016] 1 Lloyd's Rep. 483

THE “MELISSA K” AND THE “TOMSK”

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.

[2016] 1 Lloyd's Rep. 503

BIBBY FACTORS NORTHWEST LTD v HFD LTD AND ANOTHER

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 claimant's demand - Whether inequitable for customers to rely on set-off - Whether customers estopped from relying on set-off.

[2016] 1 Lloyd's Rep. 517

GLENCORE INTERNATIONAL AG v PT TERA LOGISTIC INDONESIA AND ANOTHER

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).

[2016] 1 Lloyd's Rep. 527

MARCHON GERMANY GMBH v KARASZKIEWICZ

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

[2016] 1 Lloyd's Rep. 531

THE "CHEM ORCHID"

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).

[2016] 1 Lloyd's Rep. 537

W LTD v M SDN BHD

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.

[2016] 1 Lloyd's Rep. 552

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

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.

[2016] 1 Lloyd's Rep. 561

GLORY WEALTH SHIPPING PTE LTD v FLAME SA

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.

[2016] 1 Lloyd's Rep. 571

MICHAEL WILSON & PARTNERS LTD v EMMOTT

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 judge's 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.

[2016] 1 Lloyd's Rep. 577

S v A AND ANOTHER

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).

[2016] 1 Lloyd's Rep. 604

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

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.

[2016] 1 Lloyd's Rep. 625

SHIPOWNERS’ MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) v CONTAINERSHIPS DENIZCILIK NAKLIYAT VE TICARET AS (THE “YUSUF CEPNIOGLU”)

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).

[2016] 1 Lloyd's Rep. 641

THE “NORDLAKE” AND THE “SEAEAGLE”

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.

[2016] 1 Lloyd's Rep. 656