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BANK OF CHINA v. NBM L.L.C. AND OTHERS

[2002] 1 Lloyd's Rep 1

Practice - World-wide freezing injunction - Variation - Freezing injunction applicable to assets outside jurisdictions - Whether freezing injunction should be varied to allow third party bank and subsidiaries outside jurisdiction to comply with obligations under local law.

LUK LEAMINGTON LTD. v. WHITNASH PLC AND ANOTHER

[2002] 1 Lloyd's Rep 6

Contract - Rectification - Common intention - Joint venture agreement - Agreement to exploit and develop technology in field of automated clutch and transmissions systems - Allegation that specific patents and patent applications omitted - Whether common intention patents should be included - Whether joint venture agreement should be rectified to include omitted patents.

BRITVIC SOFT DRINKS LTD AND OTHERS v. MESSER U.K. LTD. AND ANOTHER

[2002] 1 Lloyd's Rep 20

Contract - Breach of contract - Damages - Alcoholic beverages and soft drinks contaminated by benzene - Benzene in CO2 used to carbonate drinks - Claimants alleged breach of contract in supplying for food application CO2 inadvertently contaminated by benzene - Whether defendants supplied CO2 not in conformity with agreed specification - Whether defendants in breach of statutory implied term as to satisfactory quality and fitness for purpose - Whether claimants entitled to damages for general loss and loss of profits - Whether defendants could rely on exclusion or limitation clauses.

BACARDI-MARTINI BEVERAGES LTD. v. THOMAS HARDY PACKAGING LTD. AND OTHERS

[2002] 1 Lloyd's Rep 62

Contract - Damages - Limitation of liability - Liability in tort - Direct physical damage - Claimant supplied concentrate and defendant supplied other ingredients and CO2 to make alcoholic carbonated beverage - CO2 inadvertently contaminated with benzene - Whether end product suffered direct physical damage from CO2 contamination - Whether limitation of liability clause could be relied on - Whether liability in tort - Whether Civil Liability (Contribution) Act, 1978 applicable.

BP EXPLORATION OPERATING CO. LTD. v. CHEVRON SHIPPING CO. SAME v. CHEVRON TANKERS (BERMUDA) LTD. SAME v. CHEVRON TRANSPORT CORPORATION (THE “CHEVRON NORTH AMERICA”) [2001] UKHL 50

[2002] 1 Lloyd's Rep 77

Contract - Limitation of time - “Owner” - Meaning - Damage alleged to have been caused by vessel to terminal - Claim against registered owners and demise charterers prescribed - Whether pursuers induced to refrain from making relevant claim - Identification of period to be excluded from computation of prescription period - Whether pursuer’s claim against registered owners or demise charterers - Meaning of “Owner” - Prescription and Limitation (Scotland) Act, 1973, s. 6 - Harbours, Docks and Piers Clauses Act, 1847, s. 74 - Zetland County Council Act, 1974.

NAVIGATION MARITIME BULGARE v. RUSTAL TRADING LTD. AND OTHERS (THE “IVAN ZAGUBANSKI”)

[2002] 1 Lloyd's Rep 106

Bill of lading - Arbitration clause - Anti-suit injunction - Bill of lading contained English arbitration clause - Dispute between claimants and defendants - Defendants brought proceedings in Marseille - Claimants applied for injunction restraining defendants from pursuing proceedings in Marseille - Whether anti-suit injunction to enforce arbitration clause within art. 1(4) of the Brussels and Lugano Convention - Whether anti-suit injunction should be granted.

AOOT KALMNEFT v. GLENCORE INTERNATIONAL A.G. AND ANOTHER

[2002] 1 Lloyd's Rep 128

Arbitration - Award - Limitation of time - Jurisdiction - Serious irregularity - Application to set aside award on ground of jurisdiction and serious irregularity - Applications made long out of time - Whether extensions of time should be granted - Whether award should be set aside - Whether arbitrator should be removed - Arbitration Act, 1996, ss. 24(1)(d), 67, 68, 70(3), 80(5).

THE CADLE CO. v. HEARLEY

[2002] 1 Lloyd's Rep 143

Practice - Judgment debt - Statute barred - Acknowledgment - Judgments obtained in Arizona against defendants - Judgment debt statute barred in England - Whether letters written on behalf of defendant admissible - Whether contents of letters sufficient for limitation purposes to constitute an acknowledgment - Whether letters privileged

ANECO REINSURANCE UNDERWRITING LTD. (IN LIQUIDATION) v. JOHNSON & HIGGINS LTD. [2001] UKHL 51

[2002] 1 Lloyd's Rep 157

Reinsurance - Insurance brokers - Non-disclosure and misrepresentations - Brokers placed plaintiffs’ excess of loss reinsurance contracts with underwriters - Arbitrators held underwriters entitled to avoid cover on grounds of brokers’ misrepresentation and non-disclosure - Plaintiffs claimed damages from the brokers for breach of contractual duty and negligence - Whether brokers made fair presentation of risk and all material circumstances to underwriters - Measure of damages.

KNAUF UK G.m.b.H. v. BRITISH GYPSUM LTD. AND ANOTHER [2001] EWCA Civ 1570

[2002] 1 Lloyd's Rep 199

Practice - Alternative service - Application to set aside - Good reason - Claim between English claimant and German defendant - Claimant wished to bring action in England so English Court first seised and obtained order for alternative service - Whether claimant showed good reason for such service - Whether application to set aside should be granted for non-disclosure of exclusive jurisdiction clause.

VIKING INSURANCE CO. v. ROSSDALE AND OTHERS COMMERCE & INDUSTRY INSURANCE CO. OF CANADA AND ANOTHER v. CERTAIN UNDERWRITERS AT LLOYD’S AND OTHERS

[2002] 1 Lloyd's Rep 219

Practice - Evidence - Witnesses - New York arbitrators requested Court to order witnesses previously employed by London brokers to give evidence in arbitration - Whether Court had jurisdiction to comply with request - Application under s. 44 of Arbitration Act, 1996 seeking similar order - Whether application should be granted - Evidence (Proceedings in Other Jurisdictions) Act, 1975.

DARDANA LTD. v. YUKOS OIL CO. PETROALLIANCE SERVICES CO. LTD. v. SAME

[2002] 1 Lloyd's Rep 225

Arbitration - Award - Enforcement - Application to set aside - Application for adjournment of Court’s decision on recognition or enforcement of award - Swedish arbitral award made against respondents - Whether respondents could establish no valid arbitration agreement - Whether decision on recognition of award should be adjourned - Whether security for costs should be ordered - Arbitration Act, 1996, s. 103.

TRANSPACIFIC ETERNITY S.A. v. KANEMATSU CORPORATION AND ANOTHER (THE “ANTARES III”)

[2002] 1 Lloyd's Rep 233

Sale of goods (f.a.s.) - Title to goods - Rival claims by first and second defendants holding different bills of lading in respect of part cargo on board vessel - Whether presumption that property not to pass until payment displaced in f.a.s. contracts - Whether first or second defendants had title - Whether cargo had been paid for - Sale of Goods Act, 1979, ss. 17, 18, 19.

SEASHORE MARINE S.A. v. PHOENIX ASSURANCE PLC AND OTHERS (THE “VERGINA”) (No. 3)

[2002] 1 Lloyd's Rep 238

Practice - Costs - Interest - Part 36 offer - Defendants liable to indemnify claimants for salvage payments - Period of interest to which claimants entitled - Starting date for interest - Whether there should be interruption for delay in prosecuting claim - Whether claimants entitled to all of the costs - Defendants held liable for more than proposals contained in Part 36 offer - Whether claimant entitled to enhanced rate of interest and costs on an indemnity base from latest date on which Part 36 offer could have been accepted.

QUORUM A.S. v. SCHRAMM

[2002] 1 Lloyd's Rep 249

Insurance (Fine art) - Valued policy - Assessment of value - Degas pastel damaged by fire - Insured claimed under policy - Whether policy a valued policy - Damage recoverable under policy - Value of pastel before and after fire.

DE MOLESTINA AND OTHERS v. PONTON AND OTHERS

[2002] 1 Lloyd's Rep 271

Contract - Rescission - Restitutio in integrum - Agreements for distribution of shares - Allegation of misrepresentations - Whether agreements could be rescinded - Whether restitutio in integrum possible.

VEBA OIL SUPPLY AND TRADING G.m.b.H. PETROTRADE INC. [2001] EWCA Civ 1832

[2002] 1 Lloyd's Rep 295

Sale of goods (f.o.b.) - Sampling procedure - Allegation of breach - Contract for sale of gasoil - Claimants alleged wrong method of testing sample applied by inspectors - Whether claimants bound by determination of inspector - Whether defendants entitled to summary dismissal of claim brought against them.

ATHLETIC UNION OF CONSTANTINOPLE v. NATIONAL BASKETBALL ASSOCIATION AND OTHERS

[2002] 1 Lloyd's Rep 305

Arbitration - Award - Jurisdiction - Allegation by applicants that they never agreed to arbitrate - Whether arbitrator lacked jurisdiction to make award - Whether applicants barred from arguing jurisdiction issue - Whether applicants agreed to arbitration on merits - Whether applicants prevented from challenging arbitrator’s jurisdiction - Whether application for leave to appeal should be granted - Arbitration Act, 1996, ss. 33(1), 67, 69, 73(1).

AIR INDIA LTD. v. CARIBJET INC.

[2002] 1 Lloyd's Rep 314

Arbitration - Award - Enforcement - Quantum award - Interest award - Arbitration concerned wet lease between applicant and respondent - Award in favour of respondents - Respondents given permission to enforce awards - Whether applicants entitled to stay of enforcement proceedings.

PARTCO GROUP LTD. AND ANOTHER v. WRAGG AND SCOTT

[2002] 1 Lloyd's Rep 320

Negligence - Personal duty of care - Application to strike out - Acquisition by second claimants of entire share capital of first claimants - Allegation that defendant directors misrepresented trading performance and profitability of first claimants - Whether defendants assumed a personal duty of care to second claimants not to negligently misrepresent position - Whether application to strike out parts of the particulars of claim should be granted.

PAPAMICHAEL v. NATIONAL WESTMINSTER BANK PLC AND ANOTHER

[2002] 1 Lloyd's Rep 332

Practice - Freezing order - Application to set aside - Quia timet injunction - Bank used moneys deposited by claimant as margin security for claimant’s husband’s foreign exchange trading - Claimant demanded return of deposit - Bank claimed indemnity against husband - Bank obtained freezing order against husband’s assets - Whether order should be set aside - Whether bank entitled to quia timet injunction over husband’s assets if freezing order could not be granted.

ROYAL BANK OF SCOTLAND PLC v. ETRIDGE (NO.2) BARCLAYS BANK PLC v. HARRIS MIDLAND BANK PLC v. WALLACE NATIONAL WESTMINSTER BANK PLC v. GILL UCB HOME LOANS CORPORATION LTD. v. MOORE BARCLAYS BANK PLC v. COLEMAN BANK OF SCOTLAND v. BENNETT KENYON-BROWN v. DESMOND BANKS & CO. [2001] UKHL 44

[2002] 1 Lloyd's Rep 343

Banking - Undue influence - Misepresentation - Presumption of undue influence between husband and wife - Constructive notice - Duty of bank to ensure that surety has independent legal advice - Whether solicitor acting for bank or surety - Duty of solicitor to surety - Significance of Barclays Bank Plc v. O’Brien, [1994] 1 A.C. 180.

AL-WAZIR v. ISLAMIC PRESS AGENCY INC. [2001] EWCA Civ 1276

[2002] 1 Lloyd's Rep 410

Equitable charge - No provision for interest - Whether interest payable - Whether interest ran from date of repayment falling due or date of judgment.

AOOT KALMNEFT v. DENTON WILDE SAPTE

[2002] 1 Lloyd's Rep 417

Practice - Disclosure - Documents - Legal professional privilege - Agreements to supply oil - Allegation by claimant that prepayment moneys diverted to parties other than claimants - Whether application for disclosure of documents held by defendant solicitors should be granted - Whether legal professional privilege applicable.

PRACTICE DIRECTION

[2002] 1 Lloyd's Rep 424

Judgments: Neutral Citations

DONOHUE v. ARMCO INC. AND OTHERS [2001] UKHL 64

[2002] 1 Lloyd's Rep 425

Practice - Anti-suit injunction - Joinder of potential co-claimants - Application to set aside service of proceedings - Defendants sold insurance group to management buy-out - Negotiations conducted with claimant - Defendant alleged it had been victim of fraud - Defendant brought proceedings in New York - Claimant alleged New York proceedings vexatious and oppressive and in breach of exclusive English jurisdiction clause - Whether anti-suit injunction should be granted - Whether exclusive English jurisdiction clause applicable - Whether potential co-claimants should be joined in English proceedings for anti-suit injunction - Whether service out of jurisdiction should be set aside.

AHMED v. HABIB BANK LTD. [2001] EWCA Civ 1270

[2002] 1 Lloyd's Rep 444

Banking - Registration of judgment - Application to set aside - Bank obtained judgment against applicant in Pakistan - Judgment registered in England - Whether judgment given by recognized Court - Whether judgment obtained by fraud - Whether registration should be set aside - Foreign Judgment (Reciprocal Enforcement) Act, 1933, s. 4(1)(a).

THE “FEDRA”

[2002] 1 Lloyd's Rep 453

Collision - Damage to vessel - Ingress of water - Collision in Bay of Gibraltar - Liability for collision settled - Ingress of water discovered in hold No. 4 - Whether damage to No. 4 holds and cargo caused by collision.

SSQ EUROPE S.A. v. JOHANN & BACKES OHG

[2002] 1 Lloyd's Rep 465

Practice - Jurisdiction - Extension of time - Exclusive jurisdiction clause - Claimant sold Spanish slate to defendant - Dispute between claimant and defendant - Defendant obtained extension of time for filing defence - Whether extension included extension of time for challenging jurisdiction - Whether exclusive jurisdiction clause in claimant’s standard terms incorporated in contract between claimant and defendant - Whether action should be brought in Germany - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 2, 17.

HARTFORD FIRE INSURANCE CO. AND OTHERS v. NOVOCARGO USA INC. AND OTHERS (THE “PACIFIC SENATOR”)

[2002] 1 Lloyd's Rep 485

Carriage by sea - Forum selection clauses - Reconsideration - Damage to cargo - Plaintiffs brought action in United States - Whether the defendants entitled to rely on forum selection clauses in bills of lading.

DIRECTOR-GENERAL OF FAIR TRADING v. FIRST NATIONAL BANK PLC [2001] UKHL 52

[2002] 1 Lloyd's Rep 489

Banking - Unfair term - Consumer Credit Contract term requiring customer to pay contract rate of interest following judgment - Whether term within Unfair Terms in Consumer Contracts Regulations, 1994 - Whether term unfair - 1994 Regulations, regs. 3(2), 4 and Schedule 2

BANK OF CHINA v. NBM L.L.C. AND OTHERS [2001] EWCA Civ 1916

[2002] 1 Lloyd's Rep 506

Practice - World wide freezing injunction - Variation - Freezing injunction applicable to assets outside jurisdictions - Whether freezing injunction should be varied to allow third party bank and subsidiaries outside jurisdiction to comply with obligations under local law.

ABCI (formerly ARAB BUSINESS CONSORTIUM INTERNATIONAL FINANCE AND INVESTMENT CO.) v. BANQUE FRANCO-TUNISIENNE AND OTHERS

[2002] 1 Lloyd's Rep 511

Arbitration - Award - Enforcement - Application to strike out defence - Whether an abuse of process of Court being issues already raised in proceedings in France. Contract - Jurisdiction - Dispute under contract to purchase shares - Allegations that settlement agreements null and void being procured under duress - Allegations of fraudulent misrepresentations and conspiracy to defraud - Whether claims within R.S.C., O. 11, r. 1(1) - Whether good arguable case - Whether time bar applicable - Whether leave to serve out of jurisdiction should be granted.

INTERBREW S.A. v. FINANCIAL TIMES LTD. AND OTHERS

[2002] 1 Lloyd's Rep 542

Practice - Disclosure - Breach of confidence - Norwich Pharmacal principle - Existence and certain contents of doctored copies of claimant’s possible take over bid published by defendants - Claimant applied for delivery up of doctored documents - Whether defendants in breach of equitable obligation of confidence - Whether claimant entitled to Norwich Pharmacal relief - Whether defendants could claim press privilege.

CALEDONIA NORTH SEA LTD. v. BRITISH TELECOMMUNICATIONS PLC SAME v. KELVIN INTERNATIONAL SERVICES LTD. SAME v. LONDON BRIDGE ENGINEERING LTD. SAME v. NORTON (NO. 2) LTD. (IN LIQUIDATION) SAME v. PICKUP NO. 7 LTD. SAME v. STENA OFFSHORE LTD. SAME v. WOOD GROUP ENGINEERING CONTRACTORS LTD. [2002] UKHL 4

[2002] 1 Lloyd's Rep 553

Contract - Indemnity - Subrogation - Explosion on Piper Alpha oil platform in North Sea - Operators claimed to be indemnified by contractors in respect of settlements made on death and personal injury claims of contractors’ employees - Whether operator entitled to such indemnity where contractor not liable at common law or for breach of statutory duty - Whether a subrogated claim and liability to operators discharged by payments made by insurers - Whether part of liability excluded since amount of compensation agreed was at higher level than would be awarded by Scottish Court.

GLENCORE INTERNATIONAL A.G. v. RYAN (THE “BEURSGRACHT”) [2001] EWCA Civ 2051

[2002] 1 Lloyd's Rep 574

Insurance (Marine) - Charterer’s liability - Declaration - Open cover - Insured claimed in respect of accident which occurred on vessel - Underwriters alleged no timely declaration made in respect of vessel - Whether contract of liability insurance came into effect when vessel chartered by insured.

JAN DE NUL (U.K.) LTD. v. AXA ROYALE BELGE S.A. (formerly N.V. ROYALE BELGE) [2002] EWCA Civ. 209

[2002] 1 Lloyd's Rep 583

Insurance (Third party liability) - Negligence - Nuisance - Public nuisance - Capital dredging operations in Southampton Water - Silt deposited in estuary - Occupiers of property lying along estuary required claimants to carry out remedial works to remove silt - Whether claimants incurred any legal liability to those claimants in negligence, nuisance and public nuisance - Whether claimants could recover under policy costs incurred in removal of silt.

CORAL GROUP TRADING PLC v. HILTON GROUP PLC [2002] EWCA Civ 176

[2002] 1 Lloyd's Rep 598

Contract - Construction - Sale and purchase of issued share capital - Issue as to interest acquired by claimants on purchase.

COLI SHIPPING (U.K.) LTD. v. ANDREA MERZARIO LTD.

[2002] 1 Lloyd's Rep 608

Carriage by sea - Freight forwarders - Vehicle demurrage - Freight and other charges - Carriage of goods in containers to Moscow via Finland - Delay to delivery of vehicle caused by failure of consignee to discharge - Destination of television sets changed - Whether claimants entitled to vehicle demurrage, freight, quay rent and container demurrage - Whether claimants had title to sue.

GOLD COAST LTD. v. CAJA DE AHORROS DEL MEDITERRANEO AND OTHERS [2002] EWCA Civ 1806

[2002] 1 Lloyd's Rep 617

Shipbuilding contract - Refund guarantee - Construction - Buyers’ obligation to make stage payments as building of ship progressed conditional on prescribed refund guarantees - Whether guarantees demand guarantees independent of shipbuilding contract - Whether guarantors’ liability dependent on liability of principal debtor.

VOADEN v. CHAMPION (THE “BALTIC SURVEYOR” AND “TIMBUKTU”) [2002] EWCA Civ 89

[2002] 1 Lloyd's Rep 623

Damages - Quantum - Negligent mooring of defendants’ vessel caused total loss to plaintiff’s vessel and pontoon - Value of plaintiff’s vessel at time of loss - Whether plaintiff could recover damages for loss of chartering income, loss of private use of vessel and loss of pontoon and mooring - Quantum of damages.

RELIANCE INDUSTRIES LTD. v. ENRON OIL AND GAS INDIA LTD. AND ANOTHER

[2002] 1 Lloyd's Rep 645

Arbitration - Award - Leave to appeal - Dispute under contracts referred to arbitration - Parties agreed principles of construction of contracts in Indian law same as in English law - Two partial awards made - Application for leave to appeal against awards - Whether point of construction of contract would be a question of law of England and Wales - Whether statutory criteria for grant of leave fulfilled - Whether leave to appeal should be granted - Arbitration Act, 1996, ss. 69, 82(1).

BAYVIEW MOTORS LTD. v. MITSUI MARINE AND FIRE INSURANCE CO. LTD. AND OTHERS [2002] EWHC 21 (Comm)

[2002] 1 Lloyd's Rep 652

Insurance (Marine) - Excluded peril - Seizure - Cargo of motor vehicles insured against all risks for voyage to Dominican Republic warehouse to warehouse - Allegation vehicles stolen by employees of Dominican Republic customs - Whether loss occurred after cover ceased - Whether loss caused by “seizure” an excluded or excepted peril.

PROJECT ASIA LINE INC. AND ANOTHER v. SHONE (THE “PRIDE OF DONEGAL”) [2002] EHWC 24 (Comm)

[2002] 1 Lloyd's Rep 659

Insurance (Marine) - Unseaworthiness - Loss of freight - Vessel encountered engine problems - Vessel unable to perform obligations and claimants suffered loss of freight - Claimants alleged this was caused by insured risk - Insurers alleged vessel unseaworthy - Whether insurers liable.

THE “OCEAN GLORY”

[2002] 1 Lloyd's Rep 679

Practice - Costs - Post appraisement and sale costs - Priority - Vessel ordered to be appraised and sold - Claim by claimants for costs incurred post appraisement and sale of vessel - Whether claimants entitled to such costs - Whether such costs should have priority after the Admiralty Marshal’s costs.

ROERIG v. VALIANT TRAWLERS LTD. [2002] EWCA Civ 21

[2002] 1 Lloyd's Rep 681

Damages - Assessment - Personal injury - Dutchman killed on trawler registered in England and owned by English defendant - Claimant brought action for damages under Fatal Accidents Act, 1976 - Whether benefits resulting from loss should be deducted from damages.

BLACK AND OTHERS v. SUMITOMO CORPORATION AND OTHERS [2001] EWCA Civ 1919

[2002] 1 Lloyd's Rep 693

Practice - Pre-action disclosure - CPR 31.16 - Claimant trader in copper market - Allegation that manipulation of copper market by defendants caused claimant speculative market loss - Claimant requested disclosure of documents - Whether pre-action disclosure under CPR 31.16 desirable - Whether application for disclosure should be granted - Supreme Court Act, 1981, s. 33(2).

GANNET SHIPPING LTD. v. EASTRADE COMMODITIES INC. EASTRADE COMMODITIES INC. v. GANNET SHIPPING LTD.

[2002] 1 Lloyd's Rep 713

Arbitration - Award - Costs - Error in award on costs - Umpire published correction to final award - Owners applied for declaration that award of no effect - Whether umpire had jurisdiction to amend award - Whether award should be remitted for reconsideration of costs - Arbitration Act, 1996, ss. 57, 67, 68.

PAPERA TRADERS CO. LTD. AND OTHERS v. HYUNDAI MERCHANT MARINE CO. LTD. AND ANOTHER (THE “EURASIAN DREAM”) [2002] EWHC 118 (Comm)

[2002] 1 Lloyd's Rep 719

Carriage by sea - Unseaworthiness - Due diligence - Fire broke out on pure car carrier - Vessel’s cargo destroyed and vessel rendered a constructive total loss - Allegations of lack of due diligence and negligence and incompetence of crew - Whether claimants established vessel unseaworthy.

KING v. BRISTOW HELICOPTERS LTD.; MORRIS v. KLM ROYAL DUTCH AIRLINES [2002] UKHL 7

[2002] 1 Lloyd's Rep 745

Carriage by air - Personal injury - Warsaw Convention - Article 17 - Construction - Pursuer a passenger in defenders’ helicopter - Helicopter involved in accident - Pursuer claimed to suffer post traumatic stress disorder, a phobia of flying and chronic depression - Whether claims within art. 17 of Warsaw Convention - Whether pursuer entitled to damages. Carriage by air - Personal injury - Warsaw Convention - Article 17 - Construction - Female passenger indecently assaulted on board aircraft - Claimed to suffer mental injury - Whether claim within art. 17.

STOLT TANKERS INC. v. LANDMARK CHEMICALS S.A.

[2002] 1 Lloyd's Rep 786

Charter-party (Voyage) - Demurrage - Calculation of laytime and demurrage - Discharging berth congested - Vessel engaged in operations in respect of cargo carried under another charter-party while waiting for charterers’ berth to become available - Whether laytime or time on demurrage interrupted.

MOUSAKA INC. AND ANOTHER v. GOLDEN SEAGULL MARITIME INC. AND ANOTHER

[2002] 1 Lloyd's Rep 797

Contract - Implied terms - Bank guarantees - Application to vary or set aside - Dispute under shipbuilding contract - Bank guarantees given to secure claim - Agreement to substitute bank guarantee for club letters - Whether implied term that bank guarantees would be returned - Whether implied term that security would be reduced - Whether agreement to procure guarantees lacked consideration.

AB CORPORATION v. CD COMPANY (THE “SINE NOMINE”)

[2002] 1 Lloyd's Rep 805

Arbitration - Award - Charter-party - Vessel withdrawn - Charterers claimed wrongful profits - Whether claim for wrongful profits well founded in principle.

Lloyd's Law Reports