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SEACRYSTAL SHIPPING LTD. v. BULK TRANSPORT GROUP SHIPPING CO. LTD. (THE “KYZIKOS”)

[1989] 1 Lloyd's Rep 1

Charter-party (Voyage) - Demurrage - Commencement of laytime - Vessel tendered notice of readiness - Discharging berth available but vessel unable to proceed to it because of fog - Whether laytime commenced when notice of readiness given - Effect of “WIBON” provision - Whether owners entitled to rely on words “always accessible berth(s)”.

ESSO PETROLEUM CO. LTD. v. HALL RUSSELL AND CO. LTD. (THE “ESSO BERNICIA”)

[1989] 1 Lloyd's Rep 8

Negligence - Oil pollution - Vessel under compulsory pilotage - Tug boat assisting vessel to berth at oil terminal - Tug boat became disabled - Vessel damaged, and damaged by, mooring dolphins - Plaintiffs paid sums to crofters and operators of terminal - Whether tug boat negligently designed and built - Whether plaintiffs could recover sums paid from tug boat builder and designer - Whether Shetland Island Council vicariously responsible for acts or omissions of pilot.

SEAWORLD OCEAN LINE CO. S.A. v. CATSEYE MARITIME CO. LTD. (THE “KELANIYA”)

[1989] 1 Lloyd's Rep 30

Arbitration - Award - Leave to appeal - Award made by Judge-arbitrator - Approach to be adopted by Court of Appeal in exercising powers of High Court in relation to a Judge-arbitrator - Whether leave to appeal should be granted.

CONTINENTAL ILLINOIS NATIONAL BANK & TRUST CO. OF CHICAGO AND XENOFON MARITIME S.A. v. ALLIANCE ASSURANCE CO. LTD. (THE “CAPTAIN PANAGOS D.P.”)

[1989] 1 Lloyd's Rep 33

Insurance (Marine) - Constructive total loss - Vessel grounded on eastern shore of Red Sea - Vessel suffered damage from major fire - Plaintiffs claimed under policy - Defendants alleged that loss procurred or connived at by owners - Whether loss caused by wilful misconduct of owners - Whether defendants liable under policy - Whether further evidence should be admitted - Whether leave to amend should be granted.

SEASHELL SHIPPING CORPORATION v. MUTUALIDAD DE SEGUROS DEL INSTITUTO NACIONAL DE INDUSTRIA (THE “MAGNUM” EX “TARRACO AUGUSTA”)

[1989] 1 Lloyd's Rep 47

Insurance (Marine) - Institute Time Clauses Hulls - Proper law of contract - Vessel damaged in collision - Some damage repaired - Vessel struck by missile and became constructive total loss - Plaintiffs claimed unrepaired damages - Whether England forum where case may more suitably be tried - R.S.C., O.11, r. 4(2).

THE “GLUCOMETER II” AND “ST. MICHAEL”

[1989] 1 Lloyd's Rep 54

Collision - Crossing vessels - Plaintiffs yacht competing in City of Plymouth Round Britain Race - Yacht failed to hoist effective radar reflector - Yacht under way in dense fog with visibility restricted to 75 metres or less - Yacht in collision with defendants’ vessel - Liability for collision.

THE “POWSTANIEC WIELKOPOLSKI”

[1989] 1 Lloyd's Rep 58

Salvage - Remuneration - Salvage services rendered to defendants’ vessel in Gravesend Reach of River Thames - Whether services performed within harbour - Whether salvors entitled to reward - Merchant Shipping Act 1894 ss. 546, 742.

TRANSPETROL LTD. v. EKALI SHIPPING CO. LTD. (THE “AGHIA MARINA”)

[1989] 1 Lloyd's Rep 62

Arbitration - Arbitrator - Appointment - Limitation of time - Owners referred disputes under charter-party to arbitration - Charterers’ claim for short delivery not made in owners’ arbitration - Whether arbitrators in owners’ arbitration had jurisdiction to hear shortage claim - Whether application for extension of time should be granted - Arbitration Act, 1950, s. 27.

INVERSIONES MANRIA S.A. v. SPHERE DRAKE INSURANCE CO. PLC. MALVERN INSURANCE CO. LTD. AND NIAGARA FIRE INSURANCE CO. INC. (THE “DORA”)

[1989] 1 Lloyd's Rep 69

Insurance (Marine) - Non-disclosure - Misrepresentation - Vessel lost by peril insured against - Plaintiffs claimed under policy - Whether defendants entitled to avoid policy on grounds of non-disclosure and misrepresentation.

VITOL S.A. v. ESSO AUSTRALIA LTD. (THE “WISE”)

[1989] 1 Lloyd's Rep 96

Sale of goods (c.& f.) - Rejection - Short delivery - Buyers accepted vessel nominated by sellers - Vessel loaded less than contractual quantity - Vessel struck by exocet missile - Buyers rejected goods - Whether title and risk passed to buyers on acceptance of nominated vessel - Whether buyers entitled to reject goods.

FEDERAL BULK CARRIERS INC v. C. ITOH & CO. LTD. AND OTHERS (THE “FEDERAL BULKER”)

[1989] 1 Lloyd's Rep 103

Bill of lading - Arbitration clause - Goods carried in chartered vessel - Damage to cargo - Clause in bill of lading generally incorporating terms conditions and exceptions of charter - Whether words sufficient to incorporate arbitration clause.

REPUBLIC OF HAITI AND OTHERS v. JEAN-CLAUDE DUVALIER AND OTHERS

[1989] 1 Lloyd's Rep 111

Practice - Writ - Application to set aside - Service out of jurisdiction - Plaintiffs seeking information of assets abroad - Whether writ could be served without leave - Whether Court had power to restrain non-resident defendants from dealing with assets abroad - Whether application to set aside should be granted - R.S.C., O. 11, r. 1(2).

DERBY & CO. LTD. AND OTHERS v. ANTHONY HENRY DAVID WELDON AND OTHERS

[1989] 1 Lloyd's Rep 122

Practice - Mareva injunction - Allegations of breach of contract, conspiracy tort and fraudulent breach of fiduciary duty - Plaintiffs alleged that if judgment obtained high risk it would be unsatisfied - Whether injunction restraining dealing with assets outside jurisdiction should be granted.

MOSVOLDS REDERI AS v. FOOD CORPORATION OF INDIA (THE “ARRAS” AND “HOEGH ROVER”)

[1989] 1 Lloyd's Rep 131

Arbitration - Limitation of time - Dispute as to demurrage - Whether revised claims “new claims” - Whether claims time barred - Whether owners entitled to damages representing currency loss - Whether charterers liable to pay interest on demurrage payments.

VANTAGE NAVIGATION CORPORATION v. SUHAIL AND SAUD BAHWAN BUILDING MATERIALS LLC (THE “ALEV”)

[1989] 1 Lloyd's Rep 138

Bill of lading - Freight prepaid - Non-payment of hire under time charter - Compromise agreement between cargo-owners and shipowners - Cargo-owners arrested vessel - Whether agreement entered into under duress - Whether agreement valid.

J. LAURITZEN A.S. v. WIJSMULLER B.V. (THE “SUPER SERVANT TWO”)

[1989] 1 Lloyd's Rep 148

Carriage by sea - Frustration - Cancellation - Defendants agreed to transport plaintiffs drilling rig by one of two transportation units - One unit sank - Defendants refused to use other unit to transport rig - Extra losses and expenses incurred - Whether loss of unit caused by defendants’ negligence - Whether contract frustrated - Whether self-induced - Whether defendants entitled to cancel contract.

GATEWHITE LTD. AND ANOTHER v. IBERIA LINEAS AEREAS DE ESPANA SOCIEDAD

[1989] 1 Lloyd's Rep 160

Carriage by air - Title to sue - Damage to cargo - Plaintiffs claimed against carriers - Carriers alleged that carriage governed by Warsaw Convention as amended - Plaintiffs not consignor or consignee - Whether plaintiffs entitled to sue.

DIMSKAL SHIPPING CO. S.A. v. INTERNATIONAL TRANSPORT WORKERS FEDERATION (THE “EVIA LUCK”) (No. 2)

[1989] 1 Lloyd's Rep 166

Practice - Trade union dispute - Plaintiffs alleged defendants induced them to pay certain moneys and enter into certain agreements - Whether agreements void for duress - Whether plaintiffs entitled to repayment of moneys - Whether plaintiffs entitled to damages for tort of intimidation and interference with contractual rights - Whether defendants’ industrial action unlawful.

MEADOWS INDEMNITY CO. LTD. v. INSURANCE CORPORATION OF IRELAND LTD. AND INTERNATIONAL COMMERCIAL BANK PLC

[1989] 1 Lloyd's Rep 181

Practice - Stay of action - Application to strike out - Credit guarantee insurance and reinsurance - Default on loan - Bank claimed under insurance - Bank began proceedings in Irish Court - Reinsurers applied for declaratory relief in English Courts - Whether reinsurers had locus standi to pursue their claim - Whether Ireland more appropriate forum - Whether application to stay should be granted - Whether proceedings should be struck out.

CARGILL U.K. LTD. v. CONTINENTAL U.K. LTD.

[1989] 1 Lloyd's Rep 193

Sale of goods (f.o.b.) - Nomination - Buyers nominated vessel - Buyers gave less than required notice of substitute vessel - Sellers refused to load - Whether notices for nominated vessel covered substituted vessel - Whether buyers entitled to substitute vessel.

BREMER HANDELSGESELLSCHAFT m.b.H. v. WESTZUCKER G.m.b.H. (No. 3)

[1989] 1 Lloyd's Rep 198

Sale of goods (c.i.f.) - Prohibition - Non appropriation - Board of Appeal held sellers not entitled to rely on prohibition clause - Whether board had erred in law in relation to burden of proof.

THE QUEENSLAND ELECTRICITY GENERATING BOARD v. NEW HOPE COLLIERIES PTY LTD.

[1989] 1 Lloyd's Rep 205

Arbitration - Arbitration clause - Agreement for supply of coal - Defendants called for review of price variation provisions after five years - Whether arbitration clause had retrospective effect on terms of agreement - Whether contract unenforceable after first five years because no price agreed.

“THE ARAMIS”

[1989] 1 Lloyd's Rep 213

Bill of lading-Non-and short delivery-Plaintiff receivers alleged that no goods delivered under one bill of lading and short delivery made under another -Whether plaintiffs had title to sue and could claim damages-Quantum.

PRESIDENT OF INDIA v. JEBSENS (UK) LTD. AND OTHERS (THE “GENERAL CAPINPIN”, “PROTEUS”, “FREE WAVE” AND “DINARA”)

[1989] 1 Lloyd's Rep 232

Charter-party (Voyage) - Laytime - Contractual rate of discharge - Cargo to be discharged on available workable hatch basis - Whether hatch over empty cargo hold workable - Whether hatch workable if no ship’s gear to work it.

FIRMA C-TRADE S.A. v. NEWCASTLE PROTECTION AND INDEMNITY ASSOCIATION (THE “FANTI”) SOCONY MOBIL OIL CO. INC. AND OTHERS v. WEST OF ENGLAND SHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD. (THE “PADRE ISLAND”) (NO.2)

[1989] 1 Lloyd's Rep 239

Insurance (Marine) - P. and I. risks - Third party liability - Liabilities incurred by members towards plaintiffs - Members wound up - Whether plaintiffs could claim against club - Third Parties (Rights Against Insurers) Act, 1930.

NORMID HOUSING ASSOCIATION LTD. v. R. JOHN RALPHS, JOHN S. MANSELL, RALPHS AND MANSELL AND ASSICURAZIONI GENERALI S.p.A.

[1989] 1 Lloyd's Rep 265

Insurance (Professional indemnity) - Third party rights - Architects employed by plaintiffs in connection with refurbishment of plaintiffs’ properties - Defects found in properties - Architects agreed to settlement of claims against their insurers - Whether plaintiffs entitled to injunction restraining architects from compromising claim - Whether Marevainjunction should be granted

NORMID HOUSING ASSOCIATION LTD. v. RALPHS AND MANSELL AND ASSICURAZIONI GENERALI S.p.A. (No. 2)

[1989] 1 Lloyd's Rep 274

THE “PULKOVO” AND “ODEN”

[1989] 1 Lloyd's Rep 280

Collision - Crossing vessels - Collision in Baltic Sea - Whether plaintiffs’ vessel had substantial headway at moment of collision - Whether collision caused by negligent navigation of vessels - Liability for collision - Apportionment of liability.

M/S ASWAN ENGINEERING ESTABLISHMENT CO. LTD. v. IRON TRADES MUTUAL INSURANCE CO. LTD.

[1989] 1 Lloyd's Rep 289

Insurance (Third party (Legal and Contractual liability)) - Third party rights - Plaintiffs obtained judgment against insured - Insured insolvent - Whether plaintiffs could claim against insurers - Whether insurers liable to indemnify plaintiffs - Whether insurers could rely on exclusion clause - Third Parties (Rights against Insurers) Act, 1930.

C. T. N. CASH AND CARRY LTD. v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION PLC

[1989] 1 Lloyd's Rep 299

Insurance (Burglary and money) - Burglary - Clause that cash kiosk to be attended and locked at all times during business hours - Burglary occurred during opening hours - Whether insured complied with clause - Whether insured could claim under policy.

GARDEN NEPTUNE SHIPPING LTD. AND OTHERS v. OCCIDENTAL WORLDWIDE INVESTMENT CORPORATION AND CONCORD PETROLEUM CORPORATION

[1989] 1 Lloyd's Rep 305

Practice - Pleadings - Misrepresentation - Plaintiff claimed damages for misrepresentation - Points of claim did not contain plea of fraudulent misrepresentation - Whether plaintiffs could raise such plea - Whether claim barred in law.

TRANSPETROL LTD. v. TRANSOL OLIEPRODUKTEN NEDERLAND B.V.

[1989] 1 Lloyd's Rep 309

Sale of goods (c.i.f.) - Repudiation - Buyers failed to open letter of credit within time stipulated in contract - Sellers refused to perform contract - Whether sellers wrongly repudiated contract - Time by which letter of credit to be opened.

NOVA PETROLEUM INTERNATIONAL ESTABLISHMENT v. TRICON TRADING LTD.

[1989] 1 Lloyd's Rep 312

Sale of goods (c.i.f.) - Non-delivery - Sellers in breach of nomination clause - Whether buyers could claim damages for non-delivery - Measure of damages recoverable - Whether award should be remitted for further findings.

S.S. PHARMACEUTICAL CO. LTD. AND ANOTHER v. QANTAS AIRWAYS LTD.

[1989] 1 Lloyd's Rep 319

Carriage by air - Limitation of liability - Damage to cargo while in the custody of carrier - Carriers invoked limitation provisions in art. 22 of Warsaw Convention - Cargo-owners alleged damage resulted from reckless conduct of carrier - Whether carrier entitled to limit liability - Standard of conversion applicable - Australia.

FORSIKRINGSAKTIESELSKAPET VESTA v. J. N. E. BUTCHER, BAIN DAWES LTD. AND THE AQUACULTURAL INSURANCE SERVICE LTD.

[1989] 1 Lloyd's Rep 331

Reinsurance - Repudiation - Insurance brokers - Storm caused damage to fish farm - Reinsurers repudiated liability - Whether insured in breach of warranties-Whether reinsurers entitled to avoid policy.

SOCIETE ANONYME DES MINERAIS v. GRANT TRADING INC. (THE “ERT STEFANIE”)

[1989] 1 Lloyd's Rep 349

Charter-party (Voyage) - Limitation of liability - Vessel unseaworthy and unfit for voyage - Vessel managed by management company - Whether fault of management company fault of owners - Whether owners entitled to limit liability.

MOTOR OIL HELLAS (CORINTH) REFINERIES S.A. v. SHIPPING CORPORATION OF INDIA (THE “KANCHENJUNGA”)

[1989] 1 Lloyd's Rep 354

Charter-party (Consecutive Voyage) - Nomination of safe port - Charterers ordered vessel to load at Kharg Island - Iran-Iraq war - Whether owners elected not to treat Kharg Island as improper nomination - Whether owners waived right - Whether charterers in repudiatory breach.

SIB INTERNATIONAL S.R.L. v. METALLGESELLSCHAFT CORPORATION (THE “NOEL BAY”)

[1989] 1 Lloyd's Rep 361

Charter-party (Voyage) - Repudiation - Charterers in breach - Owners concluded substitute charter - Whether owners entitled to claim demurrage they would have earned - Whether owners could claim expenses of ballast voyage.

AMOCO OIL CO. v. PARPADA SHIPPING CO. LTD. (THE “GEORGE S.”)

[1989] 1 Lloyd's Rep 369

Carriage by sea - Short delivery - Cargo of North Sea crude oil - Shore meter, shore tank and ship’s measurement used to measure quantity - Whether vessel discharged all the oil loaded on board her -Whether defendants liable for shortage.

DINO SERVICES LTD. v. PRUDENTIAL ASSURANCE CO. LTD.

[1989] 1 Lloyd's Rep 379

Insurance (Combined Business) - Theft - Insured locked up premises but left keys in car - Keys used to enter premises - Whether “entry by forcible and violent means” - Whether insured could claim under policy.

The “NORD SEA” AND “FRECCIA DEL NORD” (THE “FRECCIA DEL NORD”)

[1989] 1 Lloyd's Rep 388

Collision - Jurisdiction - Action in rem - Collision in Bay of Biscay - Writ issued in London - Vessel arrested in Rotterdam 20 minutes later - Writ served in English action on July 9 - Moment when Court seized of the action - Civil Jurisdiction and Judgments Act, 1982, Schedule 1, arts. 21, 22.

BOUKADOURA MARITIME CORPORATION v. SOCIETE ANONYME MAROCAINE DE L’INDUSTRIE ET DU RAFFINAGE (THE “BOUKADOURA”)

[1989] 1 Lloyd's Rep 393

Bill of lading - Delay - Cargo of fuel oil loaded - Difference between ship and shore figures - Master refused to sign bills unless endorsed with ship’s figures - Vessel delayed in sailing - Whether owners entitled to compensation for delay.

FURNESS WITHY (AUSTRALIA) PTY. LTD. v. METAL DISTRIBUTORS (U.K.) LTD. (THE “AMAZONIA”)

[1989] 1 Lloyd's Rep 403

Charter-party (Voyage) - Arbitration clause - Parties intended proper law to be English - Charter incorporated Australian Sea-Carriage of Goods Act, 1924 - Whether arbitration clause void - Whether parties entered into ad hoc agreement to refer disputes to arbitration in London - Whether estoppel by convention could be relied on.

CHLORIDE INDUSTRIAL BATTERIES LTD. AND THE STATE OF JERSEY TELECOMMUNICATIONS BOARD v. F. & W. FREIGHT LTD.

[1989] 1 Lloyd's Rep 410

Carriage by road - CMR - Goods carried from Manchester to Jersey - Whether Jersey a different country for purposes of Convention - Whether carriage international carriage - Whether CMR Convention applied.

P.S. CHELLARAM & CO. LTD. v. CHINA OCEAN SHIPPING CO.

[1989] 1 Lloyd's Rep 413

Bill of lading - Limitation of time - Goods released without presentation of bill of lading - Consignee insolvent - Whether carrier could rely on limitation provisions in Hague Rules - Whether Hague Rules or Hague-Visby Rules applied - Whether carrier entitled to limit liability - Illegibility of bill of lading - Liability to indemnify - Hague Rules, art. III, r. 6, art. IV rr. 4, 5.

COLONIAL BANK (NOW BANK OF BOSTON CONNECTICUT) v. EUROPEAN GRAIN & SHIPPING LTD. (THE “DOMINIQUE”)

[1989] 1 Lloyd's Rep 431

Charter-party (Voyage) - Freight - Non-payment - Bank gave notice of assignment to charterers - Vessel arrested by creditor - Owners unable or unwilling to continue voyage - Charterers incurred transhipment costs - Whether bank entitled to claim freight from charterers - Whether charterers entitled to right of set off.

KEIKO HOLMES v. BANGLADESH BIMAN CORPORATION

[1989] 1 Lloyd's Rep 444

Carriage by air - Jurisdiction - Deceased on internal Bangladesh flight - Aircraft crashed and deceased killed - Plaintiff claimed damages from defendant carriers - Whether plaintiff could invoke jurisdiction of English Court in relation to non-international carriage - Whether schedule 1 to Carriage by Air Acts (Application of Provisions) Order 1967 applied - Carriage by Air Act 1961, s. 10.

DORIS BRADLEY v. EAGLE STAR INSURANCE CO. LTD

[1989] 1 Lloyd's Rep 465

Practice - Discovery - Insurance (Employers’ Liability) - Personal injury - Plaintiff employee claimed damages - Employers voluntarily wound up and dissolved - Whether plaintiff could bring action against employers’ insurers - Third Parties (Rights against Insurers) Act, 1930.

HOME AND OVERSEAS INSURANCE CO. LTD. v. MENTOR INSURANCE CO. (UK) LTD.

[1989] 1 Lloyd's Rep 473

Reinsurance - Stay of action - Application for summary judgment - Arbitration clause in reinsurance contract provided reinsurance to be interpreted as honourable engagement - Whether dispute should be referred to arbitration - Whether plaintiffs entitled to summary judgment - Whether action should be stayed.

TERENCE TREVOR HAYLER v. D. G. CHAPMAN

[1989] 1 Lloyd's Rep 490

Insurance (Motor) - Application to set aside - Collision between plaintiff’s car and defendant’s car - Plaintiff sought to recover uninsured loss from defendant’s insurers - County Court made award in plaintiff’s favour - Plaintiff’s insurers sought to recover moneys paid to plaintiff plus uninsured loss from defendant’s insurers - Whether action could proceed - Whether County Court award should be set aside.

THE “ZIRJE”

[1989] 1 Lloyd's Rep 493

Collision - Limitation of time - Application for extension of time - Collision between plaintiffs’ vessel and defendants’ vessel in Kiel Canal - Negotiations between parties representatives - Plaintiffs failed to issue writ within time - Whether application for extension of time should be granted - Maritime Conventions Act, 1911, s. 8.

THE “INOWROCLAW”

[1989] 1 Lloyd's Rep 498

Bill of lading - Damage to cargo - Consignments of coffee beans shipped on defendants’ vessels - Allegations that cargoes damaged by seawater, freshwater and copra like taint - Whether plaintiffs entitled to damages.

SPARTA NAVIGATION CO. v. TRANSOCEAN AMERICA INC. (THE “STEPHANOS”)

[1989] 1 Lloyd's Rep 506

Charter-party (Voyage) - Centrocon arbitration clause - Limitation of time - Receivers alleged cargo affected by aflatoxin - Receivers claimed against owners 11 months after cargo delivered - Owners sought indemnity from charterers - Whether owners’ claim barred by Centrocon arbitration clause - Whether extension of time should be granted.

POLISH STEAMSHIP CO. v. A. J. WILLIAMS FUELS (OVERSEAS SALES) LTD. (THE “SUWALKI”)

[1989] 1 Lloyd's Rep 511

Charter-party (Voyage) - Freight - Negotiations for fixture of vessel conducted between plaintiffs’ brokers and defendants’ brokers - Vessel performed voyage under Gencon charter - Whether defendants party to charter - Whether defendants’ broker had actual or ostensible authority to enter into charter on behalf of defendants - Whether plaintiffs entitled to recover freight from defendants.

S. B. BOOKER v. R. A. BELL

[1989] 1 Lloyd's Rep 516

Practice - Declaratory judgment - Plaintiffs claimed declaration that they were not entitled to indemnify first defendant under insurance policies - First defendant not present - Whether plaintiffs entitled to relief in form of negative declaration.

BROWN BOVERI (AUSTRALIA) PTY LTD. v. BALTIC SHIPPING CO. (THE “NADEZHDA KRUPSKAYA”)

[1989] 1 Lloyd's Rep 518

Bill of lading - Limitation of liability - Gold clause - Damage to cargo - Hague Rules incorporated into bill of lading - Liability under Hague Rules limited to $100 per package or unit - Whether $100 meant $100 sterling gold value - Whether respondents entitled to damages equivalent to gold value expressed in sterling and converted to Australian dollars - Hague Rules, art. IV, r. 5, art. IX - Australia

STATEMENT BY THE HON. Mr. JUSTICE HIRST

[1989] 1 Lloyd's Rep 534

A. P. STEPHEN v. SCOTTISH BOATOWNERS MUTUAL INSURANCE ASSOCIATION (THE “TALISMAN”)

[1989] 1 Lloyd's Rep 535

Insurance (Marine) - P. and I. risks - Vessel sank off Shetland Islands - Pursuer claimed under policy - Whether pursuer had used all reasonable endeavours to save vessel - Whether insurers liable.

TOGO AMUSEMENTS CORPORATION SARL AND ANOTHER v. ESTONIAN SHIPPING CO. (THE “VASILIY SHELGUNOV”)

[1989] 1 Lloyd's Rep 542

Admiralty practice - Costs - Payment into Court - Damage to cargo of sugar - Plaintiffs accepted payment 20 days later - Whether acceptance within a reasonable time - Whether plaintiffs entitled to their costs up to date of acceptance - R.S.C., O. 22, r. 3.

MARC RICH & CO. A.G. v. SOCIETA ITALIANA IMPIANTI P.A. (THE “ATLANTIC EMPEROR”)

[1989] 1 Lloyd's Rep 548

Sale of goods (f.o.b) - Application to set aside - Arbitration clause - Plaintiffs alleged damage to cargo - Defendants denied liability - Whether contract contained arbitration clause - Whether dispute should be resolved in Italy - Whether proper law of contract English - Whether application to set aside leave to serve out of jurisdiction should be granted - Whether the Convention scheduled to the Civil Jurisdiction and Judgments Act, 1982 applied.

KLEINWORT BENSON LTD. v. MALAYSIA MINING CORPORATION BERHAD

[1989] 1 Lloyd's Rep 556

Contract - Letter of comfort - Dealings on London Metal Exchange - Defendants furnished plaintiffs with letter of comfort as part of loan facility made by plaintiffs to subsidiary of defendants - Collapse of tin market - Plaintiffs demanded payment -Whether letter of comfort had contractual status - Whether defendants liable.

PAN ATLANTIC INSURANCE CO. LTD. AND REPUBLIC INSURANCE CO. v. PINE TOP INSURANCE CO. LTD.

[1989] 1 Lloyd's Rep 568

Reinsurance - Summary judgment - Excess of loss contracts - Plaintiffs brought action in a representative capacity - Validity of representative procedure - Whether plaintiffs acted as fiduciary trustees on behalf of other syndicate members - Whether defendants had a good arguable case.

ATTOCK CEMENT. CO. LTD. v. ROMANIAN BANK FOR FOREIGN TRADE

[1989] 1 Lloyd's Rep 572

Practice - Application to set aside - Construction contract - Defendants issued performance bond - Plaintiffs made demand under bond - Writ served out of jurisdiction - Whether performance bond governed by English law - Whether plaintiffs had a good arguable case - Whether service of writ out of jurisdiction should be set aside - R.S.C., O. 11. r. 1

BREMER HANDELSGESELLSCHAFT m.b.H. v. WESTZUCKER G.m.b.H. (No. 3)

[1989] 1 Lloyd's Rep 582

Sale of goods (c.i.f.) - Prohibition - Non appropriation - Board of Appeal held sellers not entitled to rely on prohibition clause - Whether board had erred in law in relation to burden of proof.

SOHIO SUPPLY CO. v. GATOIL (USA) INC.

[1989] 1 Lloyd's Rep 588

Sale of goods (f.o.b.) - Letter of credit - Buyers required to open letter of credit 10 days prior to estimated loading date - Meaning - Whether buyers in breach - Proceedings commenced by buyers in Texas - Whether applications to stay or set aside proceedings should be granted - Whether buyers should be restrained from proceeding in the Texan Court.

THE “EGLANTINE”, “CREDO” AND “INEZ”

[1989] 1 Lloyd's Rep 593

Collision - Overtaking vessels - Collision in Dover Strait - Second defendants’ vessel proceeding in wrong direction in traffic lane - Collision between plaintiffs’ and first defendants’ vessels - Navigation of vessels - Liability for collision.

UNIFERT INTERNATIONAL SAL v. PANOUS SHIPPING CO. INC (THE “VIRGINIA M”)

[1989] 1 Lloyd's Rep 603

Charter-party (Voyage) - Notice of readiness - Vessel dependent on supply of fresh water to feed her boilers and provide steam to run her auxiliaries - Vessel arrived at discharging port with insufficient fresh water - Notice of readiness given - Whether notice of readiness validly given.

LIBYAN ARAB FOREIGN BANK v. MANUFACTURERS HANOVER TRUST CO. (NO. 2)

[1989] 1 Lloyd's Rep 608

Banking - Proper law - Plaintiffs claimed repayment of moneys in account with defendants’ London branch - Defendants alleged payment blocked by U.S. Executive Order - Whether London account governed by New York law - Whether arrangements terminated - Whether plaintiffs entitled to judgment against defendants - Whether defendants entitled to counterclaim.

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