i-law.com

TORVALD KLAVENESS A/S v. ARNI MARITIME CORPORATION (THE “GREGOS”)

[1995] 1 Lloyd's Rep 1

Charter-party (Time) - Redelivery - Illegitimate last voyage - Repudiatory breach - Vessel ordered on last voyage - Vessel redelivered late - Whether legitimacy of voyage established at date order given - Whether charterers in repudiatory breach.

THE “ANNA H”

[1995] 1 Lloyd's Rep 11

Admiralty practice - Action in rem - Arrest of vessel - Jurisdiction - Damage to cargo - Defendants domiciled in Contracting State - Præcipe for caveat against arrest issued - Vessel arrested but released immediately - Bail bond given - Whether vessel arrested to secure maritime claim - Whether arrest within meaning of Arrest Convention - Whether præcipe and bail bond submission to jurisdiction - Civil Jurisdiction and Judgments Act, 1982 s. 26, arts. 2, 57 - Arrest Convention 1952 art. 7.

KUWAIT AIRWAYS CORPORATION v. IRAQI AIRWAYS COMPANY AND REPUBLIC OF IRAQ

[1995] 1 Lloyd's Rep 25

Conflict of laws - Sovereign immunity - Jurisdiction - Invasion of Kuwait by Iraq - Defendants instructed to bring Kuwaiti fleet to Iraq - Whether defendants immune from jurisdiction of English Courts - Whether immunity lost by submitting to jurisdiction - State Immunity Act, 1978 ss. 2, 14(2).

KUWAIT AIRWAYS CORPORATION v. IRAQI AIRWAYS COMPANY AND THE REPUBLIC OF IRAQ (No. 3)

[1995] 1 Lloyd's Rep 39

THE “TOLEDO”

[1995] 1 Lloyd's Rep 40

Unseaworthiness - Due diligence - Carriage by sea - Failure of shell plating on port side of No. 4 hold - Total loss of cargo - Whether vessel unseaworthy - Whether unseaworthiness caused by want of due diligence.

THE “LLOYD PACIFICO”

[1995] 1 Lloyd's Rep 54

Admiralty practice - Arrest of vessel - Sister ship - Plaintiffs alleged breach of contract - Whether claim arose out of agreement relating to carriage of goods or use of identified vessel - Whether plaintiffs entitled to arrest vessel on sister ship basis - Whether claim for disbursements arose in connection with particular vessel - Whether Court had jurisdiction - Supreme Court Act, 1981 s. 20(2)(h), (p).

THE ERAS EIL ACTIONS

[1995] 1 Lloyd's Rep 64

Reinsurance - Jurisdiction - Vexatious or oppressive proceedings - Natural forum - Claims relating to environmental impairment insurance - Actions brought in Illinois - Application by third party for injunctions to restrain plaintiffs proceeding in Illinois - Whether Court had jurisdiction to grant injunctions - Whether proceedings vexatious or oppressive - Whether London or Illinois natural forum - Whether injunctions should be granted - R.S.C., O. 29, r. 1 - Relationships with O.16, rr.8 and 9 - Inherent jurisdiction of the Court - Art. 6(1) Brussels Convention - Racketeer Influenced and Corrupt Practices Act (U.S.) - Protection of Trading Interests Act, 1980, ss.5 and 6.

AGGELIKI CHARIS COMPANIA MARITIMA S.A. v. PAGNAN S.p.A. (THE “ANGELIC GRACE”)

[1995] 1 Lloyd's Rep 87

Arbitration - Arbitration clause - Jurisdiction - Vessel collided with lightening vessel - Whether claims made in London and in Italy within arbitration clause and within jurisdiction of London arbitrators - Whether charterers should be restrained from proceeding in Italy.

CEMENTATION PILING AND FOUNDATIONS LTD. v. AEGON INSURANCE CO. LTD. AND COMMERCIAL UNION INSURANCE CO. PLC.

[1995] 1 Lloyd's Rep 97

Insurance (Contractors All Risks) - Construction - Plaintiffs contractually bound to carry out works at Barrow-in-Furness docks - Defects in design material and workmanship -Plaintiffs required to remedy defects - Whether rectification of defects within insurance cover.

FORESTSHIPS INTERNATIONAL LTD. v. ARMONIA SHIPPING AND FINANCE CORPORATION (THE “IRA”)

[1995] 1 Lloyd's Rep 103

Charter-party (Time) - Time lost - Net loss of time clause - Vessel drydocked at Pireaus after discharging at Ravenna - Vessel ordered to Novorossiysk - Whether time lost by drydocking from dropping of outward pilot at Ravenna - Whether voyage to Piraeus en route to Novorossiysk and no time lost.

E.G. CORNELIUS & CO. LTD. v. CHRISTOS MARITIME CO. LTD. (THE “CHRISTOS”)

[1995] 1 Lloyd's Rep 106

Charter-party (Voyage) - Demurrage - Transhipment - Owners given option to tranship - Whether owners entitled to recover damages from charterers in respect of discharging operations from vessel into which cargo was transhipped.

DONG WHA ENTERPRISE CO. LTD. AND ANOTHER v. CROWNSON SHIPPING LTD.

[1995] 1 Lloyd's Rep 113

Practice - Writ - Concurrent writ - Validity - Plaintiffs claimed for cargo damage - Writ marked not for service out of jurisdiction issued - Whether defendants’ solicitors had authority to accept service - Writ renewed and concurrent writ served out of jurisdiction - Whether validly served - Whether proceedings should be set aside.

APIOIL LTD. v. KUWAIT PETROLEUM ITALIA S.p.A. SAME v. SOCIEDADE NACIONAL DE COMBUSTIVEIS DE ANGOLA S.A.

[1995] 1 Lloyd's Rep 124

Sale of goods (c.i.f.) - Sampling and analysis - Incorporation clause - Sale of M.40 fuel oil - Price adjustment by reference to viscosity - Whether SGS analysis final and binding on parties - Effect of incorporation clause - Whether implied terms incorporated in contract.

MINORIES FINANCE LTD. v. AFRIBANK NIGERIA LTD.

[1995] 1 Lloyd's Rep 134

Banking - Letter of credit - Collection - Bills of exchange expressed to be payable to plaintiffs - Defendants effected payment to “beneficiaries” of bills of exchange - Whether defendants in breach of contract to collect proceeds on behalf of plaintiffs - Whether plaintiffs made out a case suitable for summary judgment - Whether action should be heard in Nigeria as more convenient forum.

PETROTRADE INC. v. STINNES HANDEL G.m.b.H.

[1995] 1 Lloyd's Rep 142

Sale of goods (f.o.b.) - Non-acceptance - Non-contractual tender - Sellers tendered alternative parcel at place other than named port - Whether place of delivery a condition or an innominate term - Whether buyers estopped from asserting that delivery did not comply with contract - Whether sellers entitled to claim damages. Sale of goods (f.o.b.) - Damages - Available market - Buyers rejected alternative parcel - Whether sellers entitled to damages on basis of actual resale price difference and expenses of resale - Whether available market.

DEUTSCHE RUCKVERSICHERUNG AKTIENGESELLSCHAFT v. WALBROOK INSURANCE CO. LTD. AND OTHERS GROUP JOSI REINSURANCE CO. S.A. v. SAME

[1995] 1 Lloyd's Rep 153

Practice - Reinsurance - Affidavit evidence - Application to strike out - Reinsurers issued letters of credit in favour of reinsured - Reinsurers alleged contracts avoided for fraudulent misrepresentation and non-disclosure - Affidavits relied on DTI investigations - Whether parts of affidavit referring to DTI reports should be struck out. Reinsurance - Letters of credit - Allegations of fraud - Reinsurers issued letters of credit in favour of reinsured - Reinsurers alleged contracts avoided for fraudulent misrepresentation and non-disclosure - Whether injunction restraining payment under letter of credit should be granted - Whether reinsured should be restrained from disposing of any sums drawn under letter of credit.

MARIMPEX MINERALÖL HANDELSGESELLSCHAFT M.B.H. v. LOUIS DREYFUS ET CIE MINERALÖL G.m.b.H.

[1995] 1 Lloyd's Rep 167

Sale of goods (c.i.f.) - Sale by description - Merchantable quality - Defendants alleged gasoil contaminated by bacteria in such quantities as to be non-acceptable - Whether presence of bacteria affected price or merchantability - Whether plaintiffs entitled to recover moneys deducted by defendants from sale price.

AGRA TRADING LTD. v. IAN DAVID MCAUSLIN AND OTHERS (THE “FRIO CHILE”)

[1995] 1 Lloyd's Rep 182

Insurance (Marine) - EEC meat subsidy - Perils insured against - Egyptian authorities rejected cargo of meat - Meat resold to Russia - Lower EEC subsidy applicable to Russia - Plaintiffs claimed loss of part of subsidy - Whether plaintiffs had to prove rejection of meat caused by peril insured against.

AECTRA REFINING AND MARKETING INC. v. EXMAR N.V. (THE “NEW VANGUARD”)

[1995] 1 Lloyd's Rep 191

Charter-party (Time) - Off-hire - Set-off - Practice - Claims for deduction of hire and bunkers - Whether liquidated sums - Whether claims capable of being set-off at common law. Arbitration - Set-off - Off-hire claims - Dispute under charter subject to arbitration clause - Whether set-off pleaded not actionable since claim within arbitration clause.

SWISS BANK CORPORATION v. NOVORISSIYSK SHIPPING CO. (THE “PETR SCHMIDT”)

[1995] 1 Lloyd's Rep 202

Arbitration - Arbitration clause - Bill of lading - Plaintiffs alleged misdelivery of cargo - Clause in fixture confirmation telex provided “General average/Arbitration in London - English law to apply” - Construction - Whether claim to be referred to arbitration in London before single arbitrator - Whether plaintiffs entitled to relief claimed.

SCHUMACHER TRADING AS VITA KONZERN v. LAUREL ISLAND LTD. (THE “SANTA CRUZ TRES”)

[1995] 1 Lloyd's Rep 208

Arbitration - Award - Validity - Application to set aside - Dispute between owners and charterers - Owners referred claim to arbitration - Communication between owners’ solicitors and charterers’ agent - Arbitrator made award - Whether charterers received actual notice of relevant stages in purported arbitration - Whether award binding on charterers - Whether award should be set aside.

TRANSCATALANA DE COMMERCIO S.A. v. INCOBRASA INDUSTRIAL E COMMERCIAL BRAZILEIRA S.A.

[1995] 1 Lloyd's Rep 215

Arbitration - Award - Further reasons - Application to remit - Arbitrators held buyers lost right to reject goods and documents - Whether arbitrators’ conclusion justified - Whether buyers had waived contractual right to insist on goods being loaded at INCOBRASA terminal or were estopped from relying on such loading as breach of contract - Whether application to remit for further reasons should be granted.

CONTINENTAL FERTILIZER CO. LTD. v. PIONIER SHIPPING CV (THE “PIONIER”)

[1995] 1 Lloyd's Rep 223

Carriage by sea - Limitation of time - Damage to cargo - Amended statement of claim - Plaintiffs claimed under bill of lading - Statement of claim amended to claim under charter-party - Defendants not party to charter - Whether amended claim within Hague Rules time limit - Whether plaintiffs entitled to reamend statement of claim to rely on bill of lading.

BANK OF CREDIT & COMMERCE HONG KONG LTD. (IN LIQUIDATION) v. SONALI BANK

[1995] 1 Lloyd's Rep 227

Banking - Letter of credit - Forum-non-conveniens - Proper law - Claims under letters of credit issued by Bangladeshi bank and confirmed by Hong Kong bank - Action brought in England - Whether proper law of letters of credit Bangladeshi law - Whether Bangladeshi Courts more appropriate forum - Whether English action should be stayed. Conflict of laws - Proper law - Letter of credit - Forum-non-conveniens - Letters of credit issued by Bangladeshi bank and confirmed by Hong Kong bank - Whether proper law of letters of credit Bangladeshi law - Whether Bangladesh more appropriate forum - Whether action should be stayed.

BANK TEJARAT v. HONG KONG AND SHANGHAI BANKING CORPORATION (CI) LTD. AND HONG KONG AND SHANGHAI BANK TRUSTEE (JERSEY) LTD.

[1995] 1 Lloyd's Rep 239

Banking - Letter of credit - Mistake - Knowing assistance - Deceit - Letter of credit opened in respect of shipment of cargo of steel - Underlying transactions fictitious - Money paid away on customer’s instructions - Whether plaintiffs could recover their losses from defendants as money paid under mistake of fact - Whether defendants constructive trustees who knowingly assisted in a breach of trust - Whether plaintiffs entitled to damages for deceit.

ZEELAND NAVIGATION CO. LTD. AND OTHERS v. BANQUE WORMS (THE “FORESIGHT DRILLER II”)

[1995] 1 Lloyd's Rep 251

Banking - Sale of ship - Notice requiring sale - Undertaking in loan agreement that if vessel had not secured employment bank could require vessel to be sold - Whether notice requiring sale served within reasonable time - Whether implied limitation on time within which bank entitled to serve notice - Whether plaintiffs in default of loan agreement.

INSURANCE CO. v. LLOYD’S SYNDICATE

[1995] 1 Lloyd's Rep 272

Arbitration - Award - Disclosure - Reinsurance - Reinsurers avoided policy for non-disclosure - Dispute referred to arbitration - Award obtained against leading reinsurer - Whether defendants entitled to show the award and reasons to other reinsurers.

GLENGATE-KG PROPERTIES LTD. v. NORWICH UNION FIRE INSURANCE SOCIETY SCOTTISH UNION AND NATIONAL INSURANCE CO. AND LOWNDES LAMBERT UK LTD.

[1995] 1 Lloyd's Rep 278

Insurance (Business Interruption) - Consequential loss - Insurable interest - Development of building - Architects’ plans and drawings destroyed by fire - Plaintiffs claimed costs of reproducing plans and revenue lost by delay in completion - Whether plaintiffs had insurable interest - Whether plaintiffs could recover under the policy.

PHILIPP BROTHERS v. THE REPUBLIC OF SIERRA LEONE AND COMMISSION OF THE EUROPEAN COMMUNITIES

[1995] 1 Lloyd's Rep 289

Practice - Garnishee order - Intervenors - Amount in “SIP” account subject to order - Order to be made absolute - Intervention by EC Commission - Whether amount in account subject to trust or equitable interest - Whether Community law precluded order from being made absolute - Whether a proper exercise of discretion if order made absolute.

SHELL CHEMICALS UK LTD. AND SHELL UK LTD. v. P & O ROADTANKS LTD.

[1995] 1 Lloyd's Rep 297

Carriage by road - CMR - Carriage of tank of chemicals - Defendants delivered tank of detergent - Plaintiffs alleged refinery had to be shutdown for cleaning and claimed damages - Whether plaintiffs’ claims limited or excluded by CMR and or defendants’ standard trading conditions or RHA conditions - Whether defendants entitled to be indemnified.

THE “MACIEJ RATAJ”

[1995] 1 Lloyd's Rep 302

Carriage by sea - Stay of action - Forum non conveniens - Damage to goods - Actions brought in Rotterdam and England - Whether proceedings in Rotterdam involved same cause of action as proceedings in England - Whether action should be stayed - Whether Rotterdam more appropriate forum - Civil Jurisdiction and Judgments Act, 1982 - Questions on interpretation of arts. 21, 22 and 57 of Brussels Convention, 1968 addressed to European Court.

FLETAMENTOS MARITIMOS S.A. v. EFFJOHN INTERNATIONAL B.V.

[1995] 1 Lloyd's Rep 311

Arbitration - Arbitrators - Thir d arbitrator - Clause in agreement that disputes to be referred to arbitrators - Whether reference should be to three arbitrators - Whether appointment of third arbitrator valid - Whether umpire should be allowed to attend the hearing if plaintiffs did not consent.

CREDIT SUISSE v. BOROUGH COUNCIL OF ALLERDALE

[1995] 1 Lloyd's Rep 315

Banking - Guarantee - Ultra vires - Local council guaranteed development company’s liabilities - Whether Council had statutory power to enter into guarantee - Whether Council acting ultra vires - Construction of guarantee - Whether variations in loan agreement discharged liability under guarantee - Whether bank or Council could rely on variations by reason of estoppel, waiver or fraud - Quantum.

GRUPO TORRAS S.A. AND TORRAS HOSTENCH LONDON LTD. v. SHEIKH FAHAD MOHAMMED AL-SABAH AND OTHERS

[1995] 1 Lloyd's Rep 374

Practice - Application to set aside - Stay of action - Plaintiffs claimed damages for conspiracy, moneys allegedly due under constructive trusts and damages for breaches of duties relating to four transactions - Whether plaintiffs’ claims should be tried - Application of arts. 16, 21, 22 and 27 of the Brussels Convention and R.S.C., O. 11 - Whether action should be stayed pursuant to arbitration clause.

NATIONAL JUSTICE COMPANIA NAVIERA S.A. v. PRUDENTIAL ASSURANCE CO. LTD. (THE “IKARIAN REEFER”)

[1995] 1 Lloyd's Rep 455

Insurance (Marine) - Constructive total loss - Owners’ connivance - Fire broke out on vessel - Shipowner claimed under policy - Underwriters alleged vessel deliberately set on fire with shipowners’ connivance - Whether allegation proved to relevant standard - Responsibilities of expert witnesses - Whether underwriters liable.

THE “SUBRO VALOUR”

[1995] 1 Lloyd's Rep 509

Unseaworthiness - Due diligence - Breach - Fire occurred on defendants’ vessel - Likely cause of fire - Whether vessel unseaworthy at beginning of voyage - Whether defendants exercised due diligence - Quantum - Whether salvage expenses recoverable - EEC restitution claim.

FAR EASTERN SHIPPING CO. v. AKP SOVCOMFLOT

[1995] 1 Lloyd's Rep 520

Arbitration - Foreign arbitral award - Enforcement - Convention award made in plaintiffs’ favour - Defendants granted stay of execution on order granting leave to enforce award - Application for removal of stay - Whether Court had jurisdiction to grant stay of enforcement of Convention award - Arbitration Act, 1975, ss. 3, 5 - Arbitration Act, 1950, s. 26 - R.S.C., O. 47, r. 1.

THE YASUDA FIRE & MARINE INSURANCE CO. OF EUROPE LTD. v. ORION MARINE INSURANCE UNDERWRITING AGENCY LTD. AND ORION INSURANCE CO. PLC.

[1995] 1 Lloyd's Rep 525

Agency - Inspection clause - Marine underwriting agency agreements - Agreements terminated for repudiatory breach - Plaintiffs applied to inspect documents - Whether defendants under obligation to permit inspection of documents.

MCFARLANE v. E.E. CALEDONIA LTD. (NO. 2)

[1995] 1 Lloyd's Rep 535

Practice - Costs - Contingency fee basis - Piper Alpha disaster - Plaintiff retained services of non-party to process claim against defendant - Defendants held not liable - Defendants awarded costs - Whether defendants could recover costs from non-party.

THARROS SHIPPING CO. LTD. AND DEN NORSKE BANK PLC. v. BIAS SHIPPING LTD., BULK SHIPPING A.G. AND BULK OIL A.G. (NO. 3)

[1995] 1 Lloyd's Rep 541

Practice - Costs - Non-party - Plaintiffs claimed damages for repudiation of charter - Defendants ordered to pay costs on indemnity basis - Plaintiffs unsuccessful in enforcing order - Plaintiffs claimed against P. & I. Club - Club not party to litigation - Whether Court should exercise its discretion and order club to pay costs - Supreme Court Act, 1981 s. 51.

WEST OF ENGLAND SHIPOWNERS MUTUAL INSURANCE ASSOCIATION (LUXEMBOURG) v. CRISTAL LTD. (THE “GLACIER BAY”)

[1995] 1 Lloyd's Rep 560

Contract - Construction - “Sole judge” - Contract regarding supplement to Tanker Liability for Pollution - Clause provided defendants to be “sole judge” of validity of claim made under it - Effect of words “Sole judge” - whether unchallengeable in English Courts.

COLONIA VERSICHERUNG A.G. v. AMOCO OIL CO.

[1995] 1 Lloyd's Rep 570

Insurance (Marine) - Cargo - Co-assured - Assignee - Damage to cargo - Cargo shipped from defendant’s refinery to ICI - Cargo contaminated - Defendants settled ICI’s claim and cargo insurance assigned to defendants - Whether defendants entitled to claim under policy as assignees - Whether defendant a co-assured.

NIOBE MARITIME CORPORATION v. TRADAX OCEAN TRANSPORTATION S.A. (THE “NIOBE”)

[1995] 1 Lloyd's Rep 579

Sale of ship - Norwegian Saleform - Construction of cl. 11 - Sellers sold vessel to buyers - Dispute as to condition of vessel on delivery - Whether sellers under obligation to notify classification society prior to delivery of matters affecting class which came to their knowledge as from contract date, last survey date or some other date.

HOECHEONG PRODUCTS CO. LTD. v. CARGILL HONG KONG LTD.

[1995] 1 Lloyd's Rep 584

Sale of goods (f.o.b.) - Force majeure clause - Under-delivery - Sellers to provide certificate attesting to force majeure event - Whether certificate should also state that sellers’ supply adversely affected by force majeure event and that sellers unable to obtain goods from alternative source - Whether sellers could rely on force majeure clause. Practice - Procedure - New issue on appeal - Court decided in favour of buyers on ground of its own devising - Issue not pleaded or investigated at trial or argued on appeal - Whether sellers’ appeal against decision should be allowed.

THE “DEVOTION” AND “GOLDEN POLYDINAMOS”

[1995] 1 Lloyd's Rep 589

Collision - Passing vessels - Collision at northern entrance to Panama Canal - Liability for collision - Apportionment of liability.

THE “STOLT LOYALTY”

[1995] 1 Lloyd's Rep 598

Charter-party (Demise) - Limitation of time - Estoppel - Cargo-owners alleged damage to cargo by contamination - Exchange of telexes between cargo-owners and vessel’s P. and I. Club - Whether demise charterers granted extension of time - Whether demise charterers estopped from relying on one year time limit.

PETROMIN S.A. v. SECNAV MARINE LTD.

[1995] 1 Lloyd's Rep 603

Arbitration - Security for costs - Injunction - Claim and counterclaim under charter-party - Plaintiffs obtained order for security for costs and stay of counterclaim - Defendants failed to put up security - Whether order should be set aside - Whether stay should be made permanent - Whether plaintiffs entitled to injunctions against defendants.

OLTENIA SHIPPING CORPORATION v. BLUEYE SHIPPING INC.

[1995] 1 Lloyd's Rep 615

MANGISTAUMUNAIGAZ OIL PRODUCTION ASSOCIATION v. UNITED WORLD TRADE INC.

[1995] 1 Lloyd's Rep 617

Arbitration - Arbitration clause - Validity - Rectification - Contract for development, sale and export of crude oil - Clause in contract that “Arbitration, if any, by I.C.C. Rules in London” - Whether a binding arbitration clause - Whether contract should be rectified.

CEPHEUS SHIPPING CORPORATION v. GUARDIAN ROYAL EXCHANGE ASSURANCE PLC. (THE “CAPRICORN”)

[1995] 1 Lloyd's Rep 622

Insurance (Marine) - Loss of earnings insurance - Indemnity - Reefer vessel insured with defendants - Damage to generator discovered - Plaintiffs claimed under policy - Defendants alleged vessel anyway due for lay up and cover not applicable - Whether vessel waiting for appropriate employment - Whether plaintiffs had insurable interest. Practice - Discovery - Marine insurance - Plaintiffs claimed for loss of earnings - Defendants alleged discovery given by plaintiffs on elective basis - Whether defendants entitled to dismissal of action for default in discovery - R.S.C., O. 24, r. 16.

CEPHEUS SHIPPING CORPORATION v. GUARDIAN ROYAL EXCHANGE ASSURANCE PLC

[1995] 1 Lloyd's Rep 647

MANIFEST SHIPPING & CO. LTD. v. UNI-POLARIS INSURANCE CO. LTD. AND LA RÉUNION EUROPÈENE (THE “STAR SEA”)

[1995] 1 Lloyd's Rep 651

Insurance (Marine) - Unseaworthiness - Utmost good faith - Breach - Fire in vessel’s engineroom - Vessel constructive total loss - Claim under insurance - Whether vessel sent to sea in unseaworthy state with privity of assured - Whether plaintiffs in breach of duty of utmost good faith.

BALTIC SHIPPING CO. v. TRANSLINK SHIPPING LTD. AND TRANSLINK PACIFIC SHIPPING LTD.

[1995] 1 Lloyd's Rep 673

Practice - Mareva injunction - Variation - Application by bank not a party to action - World-wide Mareva obtained against defendants’ accounts held with bank - Whether bank entitled to vary order to protect itself in circumstances where its subsidiary in New Caledonia might make payment to the defendants.

BATES AND OTHERS v. BARROW LTD. AND OTHERS ANSELL AND OTHERS V. SAME AND OTHERS

[1995] 1 Lloyd's Rep 680

Reinsurance - Stop-loss policies - Illegality - Insurers not authorized under Insurance Companies Acts to carry on insurance business in the U.K. - Plaintiffs claimed under policies - Insurers alleged inter alia policies illegal and void and therefore unenforceable - Whether policies enforceable by virtue of s. 132 of the Financial Services Act, 1986 - Whether loss too remote.

FORMICA LTD. v. SECRETARY OF STATE ACTING BY THE EXPORT CREDITS GUARANTEE DEPARTMENT

[1995] 1 Lloyd's Rep 692

Practice - Discovery - Privileged documents - Dispute under E.C.G.D. guarantee - Defendants asked for discovery of documents - Plaintiffs alleged documents privileged - Whether plaintiffs and defendants had common interest in litigation - Whether documents within contractual disclosure obligation - Whether documents privileged.

Lloyd's Law Reports