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LEIGH AND SILLIVAN LTD. v. ALIAKMON SHIPPING CO. LTD. (THE "ALIAKMON")

[1986] 2 Lloyd's Rep 1

Sale of goods (c. & f.) - Damage to goods - Title to sue - Whether term that ownership of goods to pass to buyer by endorsement and delivery of bill of lading varied - Whether buyers entitled to sue - Whether buyers mitigated their damage when disposing of steel.

GLAFKI SHIPPING CO. S.A. v. PINIOS SHIPPING CO. NO. 1 (THE "MAIRA") (NO. 2)

[1986] 2 Lloyd's Rep 12

Arbitration - Award - Remission - Errors of law - Obligation to insure mortgaged vessel - Arbitrators stated award in form of special case - Whether award should be remitted or set aside for errors of law - Valuation of mortgaged vessel - Whether vessel under-insured.

THE NETHERLANDS INSURANCE CO. EST. 1845 LTD. v. KARL LJUNGBERG & CO. A.B.

[1986] 2 Lloyd's Rep 19

Insurance (Marine) - Indemnity - Damage and short delivery - Consignees brought proceedings in Japan to preserve time bar - Whether costs incurred at request of insurers - Whether insurers under duty to indemnify consignees - Whether implicit in term of policy that consignees would be indemnified.

McDERMID v. NASH DREDGING & RECLAMATION CO. LTD.

[1986] 2 Lloyd's Rep 24

Negligence - Personal injury - Seaman suffered injury because of tug-master's negligence - Whether tug-master employed by seaman's employers - Whether employers responsible for actions of tug-master - Whether employers entitled to limit liability - Merchant Shipping Act, 1894, s. 503 - Merchant Shipping (Liability of Shipowners and Others) Act, 1958, s. 3.

BRADLEY v. HANSEATIC SHIPPING CO. LTD.

[1986] 2 Lloyd's Rep 34

Limitation of time - Personal injuries - Employers insured crew against accident and death - Chief officer injured - Claim time barred - Whether action should be allowed to proceed - Limitation Act, 1980, s. 33.

ALFRED JAMES DUNBAR v. A. & B. PAINTERS LTD. AND ECONOMIC INSURANCE CO. LTD. AND WHITEHOUSE & CO.

[1986] 2 Lloyd's Rep 38

Insurance (Employers' Liability) - Insurance brokers - Proposal form did not disclose previous insurers required increased premium - Insurers repudiated liability - Whether insurance brokers liable to indemnify insured.

YANI HARYANTO v. E. D. & F. MAN (SUGAR) LTD.

[1986] 2 Lloyd's Rep 44

Sale of goods (c. & f.) - Non-performance - Sellers declared buyers in default - Buyers alleged contracts of sale fictitious - Whether buyers entitled to declaration that contracts not binding.

THE "HONSHU GLORIA"

[1986] 2 Lloyd's Rep 63

Admiralty practice - Sale of ship - Fees of classification society - Admiralty Marshal ordered payment of fees out of proceeds of sale - Whether appeal against order should be allowed.

THE "HONSHU GLORIA" (NO. 2)

[1986] 2 Lloyd's Rep 67

MOSVOLDS REDERI A/S v. FOOD CORPORATION OF INDIA (THE "DAMODAR GENERAL T. J. PARK" AND "KING THERAS")

[1986] 2 Lloyd's Rep 68

Charter-party (Voyage) - Demurrage - Currency - Lightening vessels to give notice of arrival off Sandheads - Notices given on completion of loading at Saugor - Whether notices valid - Whether laytime commenced when notice of readiness given at Calcutta - Currency in which demurrage should be payable.

INTERBULK LTD. v. AIDEN SHIPPING CO. LTD. (THE "VIMEIRA") (NO. 3)

[1986] 2 Lloyd's Rep 75

Arbitration - Arbitrators - Jurisdiction - Award remitted to arbitrators - Draft amended points of claim served on plaintiff - Defendants applied to amend points of claim in arbitration to conform with draft - Whether arbitrators had jurisdiction to entertain such application.

SWISS BANK CORPORATION AND OTHERS v. BRINK'S-MAT LTD. AND OTHERS

[1986] 2 Lloyd's Rep 79

Carriage by air - Non-delivery - Consignment of bank notes stolen from cargo handlers' warehouse- Whether defendants liable for loss - Whether defendants could rely on IFF trading conditions - Whether air carriers and cargo handlers liable for non-delivery - Institute of Freight Forwarders Trading Conditions, cl. 13 (i), (iii), 14 - Warsaw Convention, arts. 20, 22.

LANGFORD AND LANGFORD v. LEGAL AND GENERAL ASSURANCE SOCIETY LTD.

[1986] 2 Lloyd's Rep 103

Insurance (Market Traders) - Theft - Goods stolen from vehicle - Plaintiffs claimed under policy - Whether vehicle attended by plaintiffs - Amount plaintiffs entitled to recover under policy.

ARMAGAS LTD. v. MUNDOGAS S.A. (THE "OCEAN FROST")

[1986] 2 Lloyd's Rep 109

Charter-party (Time) - Redelivery - Whether three year charter valid and authorized - Whether procured by bribery - Whether defendants entitled to redeliver vessel - Whether plaintiffs entitled to damages for premature redelivery.

AIDEN SHIPPING CO. LTD. v. INTERBULK LTD. (THE "VIMEIRA" (NO. 2))

[1986] 2 Lloyd's Rep 117

Arbitration - Award - Costs - Owners in head charter and charterers in sub-arbitration applied for remission of awards - Remission refused - Owners ordered to pay charterers' costs including charterers' costs in sub-arbitration - Whether Judge entitled to make such order.

THE "ST. LOUIS"

[1986] 2 Lloyd's Rep 125

Collision - Liability - Vessel at anchor - Collision in Bay of Algeciras - Whether vessel at anchor contributed to collision - Whether collision could have been avoided - Apportionment of liability.

THE "GULF VENTURE"

[1986] 2 Lloyd's Rep 129

Admiralty practice - Notice of motion - Application to set aside judgment in default granted - Whether mutual orders for security for costs should have been made - Whether application should have been granted.

HOFFLINGHOUSE & CO. LTD. v. C-TRADE S.A. (THE "INTRA TRANSPORTER")

[1986] 2 Lloyd's Rep 132

Charter-party (Voyage) - Binding contract - Negotiations conducted between parties for chartering of vessel - Whether binding contract concluded between the parties.

FIFTH KAMBOS SHIPPING CORPORATION OF MONROVIA v. EURICO S.p.A. (THE "DONA MARGARITA")

[1986] 2 Lloyd's Rep 135

Arbitration - Award - Remission - Disputes as to damage to cargo - Arbitrators made awards on liability and quantum - Owners alleged procedural mishap - Whether awards should be remitted or set aside.

HARLOW & JONES LTD. v. P. J. WALKER SHIPPING & TRANSPORT LTD.

[1986] 2 Lloyd's Rep 141

Carriage by sea - Alleged breach of contract - Additional dunnage required for stowage of cargo - Whether defendants liable for extra costs of dunnage - Whether only two delivery points intended - Cargo delivered outside named areas - Defendants demanded higher rates - Plaintiffs contracted with another firm - Whether plaintiffs could recover extra costs.

SIPOREX TRADE S.A. v. BANQUE INDOSUEZ

[1986] 2 Lloyd's Rep 146

Banking - Letter of credit - Performance bond - Sellers alleged buyers in default and claimed under bond - Whether bond created absolute obligation - Whether notices of demand defective - Whether letter of credit complied with contract - Whether sellers only entitled to recover on proof of actual financial loss.

DIMSKAL SHIPPING CO. S.A. v. THE INTERNATIONAL TRANSPORT WORKERS FEDERATION (THE "EVIA LUCK")

[1986] 2 Lloyd's Rep 165

Practice - Stay of action - Trade union dispute - Vessel blacked at Swedish port - Agreement entered into with union - Whether agreement made under duress - Whether plaintiffs entitled to repayment - Whether plaintiffs could claim damages for intimidation - Whether action should have been brought in Sweden - Whether application for stay should be granted.

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

[1986] 2 Lloyd's Rep 179

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 - Whether insurance brokers liable for breach of duty - Whether Law Reform (Contributory Negligence) Act 1945 applied to contractual claim.

ANDRE ET CIE v. COOK INDUSTRIES INC.

[1986] 2 Lloyd's Rep 200

Sale of goods (c.i.f.) - Prohibition of export - Buyers accepted 40 per cent. of contract quantity - Sellers gave notice of further appropriations - Whether 40 per cent. accepted in total fulfilment of contract - Whether buyers waived rights to object to lateness of notices of appropriation.

FOOD CORPORATION OF INDIA v. MARASTRO CIA NAVIERA S.A. (THE "TRADE FORTITUDE")

[1986] 2 Lloyd's Rep 209

Arbitration - Interest - Demurrage Charterers made second payment in respect of demurrage - Whether owners entitled to interest on second payment from date when it should have been paid - Whether arbitrators' power to award interest retrospective - Whether award should be remitted for alleged error or mistake - Arbitration Act, 1950, ss. 17, 19A - Administration of Justice Act, 1982.

ALPINE BULK TRANSPORT CO. INC. v. SAUDI EAGLE SHIPPING CO. INC. (THE "SAUDI EAGLE")

[1986] 2 Lloyd's Rep 221

Practice - Judgment in default - Application to set aside - Plaintiffs alleged defendants in breach of charter-party - Vessel arrested - Plaintiffs obtained security - Defendants deliberately decided not to defend plaintiffs' claim - Whether defendants' application to set aside default judgment should be granted - Whether defendants entitled to leave to defend.

ZAMBIA STEEL & BUILDING SUPPLIES LTD. v. JAMES CLARK & EATON LTD.

[1986] 2 Lloyd's Rep 225

Arbitration - Stay of action - Contract for sale of goods (c. & f.) - Quotation contained arbitration clause incorporated in contract - Whether clause in writing - Whether action should be stayed - Arbitration Act, 1975, s. 1.

AVANT PETROLEUM INC. v. GATOIL OVERSEAS INC.

[1986] 2 Lloyd's Rep 236

Practice - Mareva injunction - Application to discharge or vary injunction - Plaintiffs obtained injunction on defendants' assets - Defendants claimed injunction prevented them from carrying on legitimate trading activities - Whether injunction should be varied.

M. H. SMITH (PLANT HIRE) LTD. v. D. L. MAINWARING (T/A INSHORE)

[1986] 2 Lloyd's Rep 244

Practice - Application to strike out - Subrogation - Insurers alleged boat sank due to defendants' negligence - Insured ceased to exist - Insurers commenced action in name of insured - Whether action should be struck out.

SOUTH BRITISH INSURANCE CO. LTD. AND NEW ZEALAND SOUTH BRITISH INSURANCE PLC v. MEDITERRANEAN INSURANCE & REINSURANCE CO. LTD. AND F. E. WRIGHT (U.K.) LTD.

[1986] 2 Lloyd's Rep 247

Practice - Reinsurance - Application for discovery - Plaintiffs reinsured against total loss of any vessel - Reinsurers disputed liability - Whether discovery given adequate - Whether application for further and better list of documents should be granted.

THE "PETROSHIP B"

[1986] 2 Lloyd's Rep 251

Collision - Crossing vessels - Collision in Great Bitter Lake - Whether proper lookout by sight and hearing maintained - Whether defendants' vessel under duty to keep out of the way - Apportionment of liability.

THE "FILIATRA LEGACY"

[1986] 2 Lloyd's Rep 257

Collision - Liability - Collision in dense fog in approaches to Flushing - Whether proper radar observation being maintained - Whether defendants' vessel solely to blame for collision - Apportionment of liability.

THE "SPEEDLINK VANGUARD" AND "EUROPEAN GATEWAY"

[1986] 2 Lloyd's Rep 265

Admiralty practice - Collision - Issue estoppel - Collision in approaches to Harwich - Court of Formal Investigation found action of master of defendants' vessel major cause of collision - Plaintiffs brought collision action claiming 80 per cent. of damages suffered - Whether defendants estopped from reopening findings of formal investigations.

THE "WORLD STAR"

[1986] 2 Lloyd's Rep 274

Admiralty practice - Stay of action - Arbitration clause in charter-party - Dispute regarding loss of cargo - Writ issued for purposes of securing security for award in arbitration - Whether action should be stayed and vessel released from arrest - Arbitration Act, 1975, s. 1 - Civil Jurisdiction and Judgments Act, 1982, s. 26

GREENMAST SHIPPING CO. S.A. v. JEAN LION ET CIE S.A. (THE "SARONIKOS")

[1986] 2 Lloyd's Rep 277

Charter-party (Voyage) - Delay - Vessel waited off Aqaba at request of charterers - Owners entitled to reasonable remuneration - Basis on which remuneration should be assessed.

REDERIAKTIEBOLAGET GUSTAV ERIKSON v. DR. FAWZI AHMED ABOU ISMAIL (THE "HERROE" AND "ASKOE")

[1986] 2 Lloyd's Rep 281

Charter-party (Voyage) - Short delivery - Charterers claimed short delivery of cargo - Whether owners entitled to rely on owner's responsibility clause - Whether bill of lading evidence of quantity shipped.

BEN SHIPPING CO. (PTE) LTD. v. AN-BOARD BAINNE (THE "C. JOYCE")

[1986] 2 Lloyd's Rep 285

Charter-party (Voyage) - Bill of lading - Alleged damage and shortage - Owners settled cargo-owners' claims - Whether owners entitled to be indemnified by charterers - Whether charterers estopped from contending that claim illfounded or settlement unreasonable.

SEA CALM SHIPPING CO. S.A. v. CHANTIERS NAVALS DE L'ESTEREL S.A. (THE "UHENBELS")

[1986] 2 Lloyd's Rep 294

Carriage by sea - Estoppel - Waiver - Contract contained in booking note - Plaintiffs claimed additional freight - Defendants alleged plaintiffs not party to contract - Whether defendants affirmed contract - Whether defendants waived their rights to deny existence of contract or estopped from doing so.

COMPAGNIE EUROPEENE DE CEREALS S.A. v. TRADAX EXPORT S.A.

[1986] 2 Lloyd's Rep 301

Arbitration - Limitation of time - Sale of goods (c.i.f.) - Claim time barred by statute - Buyers commenced arbitration proceedings - Whether arbitrators had discretion to allow claim to proceed - Whether sellers entitled to injunction restraining buyers from proceeding with arbitration.

CHARLES E. FORD LTD. v. AFEC INC.

[1986] 2 Lloyd's Rep 307

Sale of goods (c.i.f.) - Non-acceptance - Buyers rejected goods for non-compliance with contractual description - Samples not taken jointly with sellers - Whether evidence based on such samples admissible.

SOUTH CAROLINA INSURANCE CO. v. ASSURANTIE MAATSCHAPPIJ "DE ZEVEN PROVINCIEN" N.V. SAME v. AL AHLIA INSURANCE CO. AND ARABIAN SEAS INSURANCE CO. LTD.

[1986] 2 Lloyd's Rep 317

Practice - Reinsurance - Documents - Action brought in American and English Courts - Defendants denied inspection of documents - Whether American pre-trial discovery procedure could be used to obtain inspection of documents for purposes of English action - Whether defendants acting in an unjust or unconscionable manner.

MARIANA ISLANDS STEAMSHIP CORPORATION v. MARIMPEX MINERALOEL-HANDELSGESELLSCHAFT m.b.H. & CO. K.G. (THE "MEDUSA")

[1986] 2 Lloyd's Rep 328

Charter-party (Voyage) - Limitation of time - Delay in discharging cargo - Owners submitted claim for demurrage - Charterers contended claim time barred - Whether demurrage claim independent of charter - Whether submission of claim should be treated as a step to commence arbitration proceedings - Whether owners' claim time barred - Whether application for extension of time should be granted - Arbitration Act, 1950, s. 27.

ADEN REFINERY CO. LTD. v. UGLAND MANAGEMENT CO. LTD.

[1986] 2 Lloyd's Rep 336

Arbitration - Award - Leave to appeal - Demurrage - Vessel prevented from berthing by adverse weather conditions - Owners claimed demurrage - Arbitrators found in favour of owners - Whether leave to appeal against award should be granted - Arbitration Act, 1979, s. 1 (3), (4), (6A).

M/S ASWAN ENGINEERING ESTABLISHMENT CO. v. LUPDINE LTD. AND ANOTHER

[1986] 2 Lloyd's Rep 347

Sale of goods - Implied term - Negligence - Quantity of Lupguard shipped in third party's plastic pails in containers to Kuwait - Containers left on quayside in full sunshine - Pails collapsed causing total loss of Lupguard - Whether implied term that pails to be of merchantable quality - Whether third party negligent in manufacture of pails - Sale of Goods Act, 1979, s. 14 (2), (6) - Supply of Goods (Implied Terms) Act, 1973.

S.C.F. FINANCE CO. LTD. v. KHALIL SAID MASRI AND MRS. INA'AM MASRI

[1986] 2 Lloyd's Rep 366

Banking - Commodity futures - Defendants incurred financial losses - Plaintiffs claimed reimbursement - Whether plaintiffs in breach of duty - Whether contract governed by Jordanian law - Whether plaintiffs carrying on deposit taking business - Whether plaintiffs in contravention of s. 1 (2) of Banking Act, 1979.

JOHN MALCOLM HOLMAN v. F. T. EVERARD & SONS LTD. (THE "JACK WHARTON")

[1986] 2 Lloyd's Rep 382

Damages - personal injury - Vessel weighing anchor in heavy seas - Chief officer supervising the weighing of the anchor - Struck by heavy wave and suffered injuries - Whether injuries caused by negligence of master - Whether defendant employers liable.

EURICO S.p.A. v. PHILIPP BROTHERS (THE "EPAPHUS")

[1986] 2 Lloyd's Rep 387

Charter-party (Voyage) - Demurrage - Delay caused because vessel unable to enter nominated port and because cargo had to be fumigated - Whether vessel ready to discharge - Whether sellers entitled to claim demurrage.

R. PAGNAN & FRATELLI v. FINAGRAIN COMPAGNIE COMMERCIALE AGRICOLE ET FINANCIERE S.A. (THE "ADOLF LEONHARDT")

[1986] 2 Lloyd's Rep 395

Charter-party (Voyage) - Demurrage - Centrocon strike clause - Vessel anchored in River Plate - Notice of readiness given - Vessel subjected to delay - Whether notice valid - Whether sellers could rely on Centrocon strike clause - Whether sellers liable to buyers for demurrage.

MAFRACHT v. PARNES SHIPPING CO. S.A. (THE "APOLLONIUS")

[1986] 2 Lloyd's Rep 405

Arbitration - Award - Remission - Application for further reasons - Misconduct of arbitrators - Whether majority of arbitrators relied on late payment as part of repudiatory conduct - Whether failure to annexe documents to award misconduct - Whether award should be remitted - Whether arbitrators should state further reasons - Whether leave to appeal should be granted - Arbitration Act, 1979.

MCCLEAN ENTERPRISES LTD. v. ECCLESIASTICAL INSURANCE OFFICE PLC

[1986] 2 Lloyd's Rep 416

Insurance (Fire) - Allegations of fraud - Premises destroyed by fire - Whether fire started deliberately or with connivance of insured - Whether policy provided for reinstatement of premises - Whether insured entitled to recover on a reinstatement or indemnity basis - Assessment of loss - Length of time insured entitled to maintain a consequential loss claim.

SIPOREX TRADE S.A. v. COMDEL COMMODITIES LTD.

[1986] 2 Lloyd's Rep 428

Sale of goods (c. & f.) - Arbitration - Injunction - Arbitrators made award in favour of sellers - Whether buyers entitled to refer further claims to arbitration - Whether injunction restraining buyers from so proceeding should be granted - Whether Mareva injunction granted to buyers should be discharged.

STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. v. THAKUR SHIPPING CO. LTD.

[1986] 2 Lloyd's Rep 439

CONTINENTAL ILLINOIS NATIONAL BANK & TRUST COMPANY OF CHICAGO v. JOHN PAUL PAPANICOLAOU SAME v. NICHOLAS FREDERICK PAPANICOLAOU (THE "FEDORA" "TATIANA" AND "ERETREA II")

[1986] 2 Lloyd's Rep 441

Banking - Guarantee - Stay of execution - Default on loan agreement - Bank claimed under personal guarantees - Whether bank acted negligently in performing duty as mortgagees - Whether bank entitled to summary judgment - Whether defendants entitled to stay of execution.

BANKERS TRUST COMPANY v. ABDUL LATIF E. GALADARI AND ABDUL RAHIM E. GALADARI

[1986] 2 Lloyd's Rep 446

Practice - Default judgment - Application to set aside - No points of defence served - Judgment in default issued - Defendants contended proceedings pending in other jurisdictions - Whether judgment in default should be set aside.

GUR CORPORATION v. TRUST BANK OF AFRICA LTD. AND THE GOVERNMENT OF THE REPUBLIC OF CISKEI

[1986] 2 Lloyd's Rep 451

Practice - Locus standi - Building contract between Republic of Ciskei and plaintiffs - Republic claimed under bank guarantee - Whether permissible for Republic to sue or be sued in English Courts - Whether Republic of Ciskei had any locus standi in English Courts.

THE "OURO FINO"

[1986] 2 Lloyd's Rep 466

Collision - Liability - Collision with barge in River Schelde - Whether barge anchored in an improper position - Whether failure of barge to exhibit anchor lights causative of collision - Whether vessel failed to keep proper lookout - Whether vessel guilty of other faults in navigation - Apportionment of liability.

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

[1986] 2 Lloyd's Rep 470

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.

C.C.R. FISHING LTD. AND OTHERS v. TOMENSON INC. AND OTHERS ("THE LA POINTE")

[1986] 2 Lloyd's Rep 513

Insurance (Marine) - Peril of the seas - Non-disclosure - Vessel insured under open cover - Vessel sank while in dock - Whether loss caused by perils of seas - Whether underwriters liable under policy - Whether underwriters could rely on defence of non-disclosure.

CENTURY INSURANCE CO. OF CANADA AND OTHERS v. CASE EXISTOLOGICAL LABORATORIES LTD. AND OTHERS (THE "BAMCELL")

[1986] 2 Lloyd's Rep 524

CASE EXISTOLOGICAL LABORATORIES LTD. v. CENTURY INSURANCE CO. OF CANADA AND OTHERS (THE "BAMCELL II")

[1986] 2 Lloyd's Rep 528

BAREMEDA ENTERPRISES PTY. LTD. v. RONALD PATRICK O'CONNOR AND K.F.V. FISHERIES (QLD) PTY. LTD. (THE "TIRUNA" AND "PELORUS")

[1986] 2 Lloyd's Rep 536

Collision - Limitation of liability - Vessels travelling in same direction - Collision in North Queensland waters - Plaintiff's vessel sank - Whether defendants liable in damages to plaintiff - Whether defendants entitled to limit their liability - Navigation Act, 1912 - Australia.

PAGNAN S. P.A. v. GRANARIA B.V. AND OTHERS

[1986] 2 Lloyd's Rep 547

Contract - Validity - Sale of goods - Plaintiffs and defendants seeking to match a "swap" deal in tapioca - Negotiations conducted between the parties - Whether valid and subsisting contract resulted.

PHOENIX GENERAL INSURANCE CO. OF GREECE S.A. v. ADMINISTRATIA ASIGURARILOR DE STAT

[1986] 2 Lloyd's Rep 552

Reinsurance - Illegality - Aviation contingency business - Whether plaintiffs authorized to underwrite contingency business - Whether plaintiffs under obligation to keep a retention - Implication of terms as to conduct of business - Duration of the risks which could be ceded - Obligation of plaintiffs to credit defendants with premium - Insurance Companies Act, 1974, ss. 1, 2, 11, 83 (4) - Insurance Companies (Classes of General Business) Regulations 1977, Schedules 1, 4.

HITACHI SALES (U.K.) LTD. v. MITSUI OSK LINES LTD.

[1986] 2 Lloyd's Rep 574

Practice - Judgment in default - Defendants did not comply with order - Whether order invalid - Whether judgment in default should be set aside - R.S.C., O. 42, r. 2(1)

THE "SILVER ATHENS" (No. 1)

[1986] 2 Lloyd's Rep 580

Admiralty practice - Arrest of vessel - Vessel employed on liner service - Cargo-owners claimed damages for alleged damage and non-delivery - Charterers claimed to be indemnified by owners - Vessel arrested - Vessel subsquently released and security discharged - Charterers issued second writ claiming similar relief as earlier writ - Vessel rearrested - Whether issue of writ an abuse of the process of the Court - Effect of Civil Jurisdiction and Judgments Act, 1982, s. 26

THE "SILVER ATHENS" (No. 2)

[1986] 2 Lloyd's Rep 583

Admiralty practice - Stay of action - Arrest of vessel - Vessel employed on liner service - Claims by cargo-owners against charterers - Charterers claimed indemnity from owners - Vessel arrested and subsequently released - Action stayed - Arbitration Act, 1975 s. 1 applied to dispute - Whether stay should be lifted - Whether plaintiffs entitled to rearrest vessel - Whether Civil Jurisdiction and Judgments Act 1982 s. 26 applicable.

C.H.Z. "ROLIMPEX" v. EFTAVRYSSES COMPANIA NAVIERA S.A. (THE "PANAGHIA TINNOU")

[1986] 2 Lloyd's Rep 586

Charter-party (Voyage) - Stowage - Damage to cargo - Undue prolongation of voyage - Whether responsibility for stowage of cargo on owners or charterers - Amount of cargo damaged by prolongation of voyage - Whether charterers entitled to recover in respect of damaged cargo.

SUMMIT INVESTMENT INC. v. BRITISH STEEL CORPORATION (THE "SOUNION")

[1986] 2 Lloyd's Rep 593

Charter-party (Time) - Fuel costs - Charterers claimed cost of diesel oil used for domestic consumption - Whether claim fell within cl. 20 - Whether cl. 20 extended to all diesel used for domestic consumption by officers and crew - Whether charterers entitled to succeed.

FOOD CORPORATION OF INDIA v. MOSVOLDS REDERI A/S (THE "ARRAS" AND "HOEGH ROVER")

[1986] 2 Lloyd's Rep 597

Charter-party (Voyage) - Demurrage - Lightening vessels - Discharge of cargo took longer than lay days allowed - Owners claimed demurrage - Settlement agreement between partners - Whether settlement included demurrage claim.

MINERALS AND METALS TRADING CORPORATION OF INDIA LTD. v. ENCOUNTER BAY SHIPPING CO. LTD. (THE "SAMOS GLORY")

[1986] 2 Lloyd's Rep 603

Charter-party (Voyage) - Freight - Discrepancy between owners' and charterers' despatch calculations - Owners claimed balance of freight - Date of accrual of cause of action - Notice of arbitration sent to charterers' brokers - Whether good notice to charterers.

STANDARD OCEAN CARRIERS S.A. v. UNION DE REMORQUAGE ET DE SAUVETAGE S.A. (THE "NEPTUNE C")

[1986] 2 Lloyd's Rep 609

Arbitration - Jurisdiction - Salvage - Defendants alleged they rendered salvage services - Vessel arrested - Guarantee given to secure defendants' claim for salvage - Dispute referred to arbitration - Whether claim arising out of wrongful arrest agreed to be referred to arbitration.

S. N. KURKJIAN (COMMODITY BROKERS) LTD. v. MARKETING EXCHANGE FOR AFRICA LTD. (formerly T. M. MOTIRAM (U.K.) LTD.) AND OTHERS (NO. 1)

[1986] 2 Lloyd's Rep 614

Arbitration - Award - Sale of goods (c.i.f.) - Rejection - Buyers alleged goods not of merchantable quality - Board found in favour of sellers - Whether buyers entitled to reject goods - Whether Board of Appeal wrong in law in finding otherwise.

S. N. KURKJIAN (COMMODITY BROKERS) LTD. v. MARKETING EXCHANGE FOR AFRICA LTD. (formerly T. M. MOTIRAM (U.K.) LTD.) AND OTHERS (NO. 2)

[1986] 2 Lloyd's Rep 618

Arbitration - Award - Remission - Fees and expenses of Board of Appeal - Buyers to pay fees and expenses - Whether board misunderstood its duties when it fixed the fees - Whether award on fees and expenses should be remitted or set aside.

KENYA RAILWAYS v. ANTARES CO. PTE LTD. (THE "ANTARES") (NO. 1)

[1986] 2 Lloyd's Rep 626

Carriage by sea - Limitation of time - Allegation damage caused to goods wrongfully stowed on deck - Plaintiffs assumed charterers were owners of vessel - Claims should have been brought against owners - Limitation period expired - Whether application for extension of time should be granted - Arbitration Act, 1950, s. 27 - Carriage of Goods by Sea Act, 1971 - Hague Visby Rules.

KENYA RAILWAYS v. ANTARES CO. PTE. LTD. (THE "ANTARES") (NO. 2)

[1986] 2 Lloyd's Rep 633

Carriage by sea - Limitation of time - Cargo wrongfully stowed on deck - Damage to cargo - Whether claim subject to one year time limit of Hague Visby Rules - Whether notice of arbitration given to charterers as owners' agents - Whether owners estopped from relying on time bar point - Whether notice could be treated as given to owners - Hague Visby Rules, art. III, r. 6 - Limitation Act, 1980 s. 35(1)(b) - R.S.C., O. 20, r. 5

LIPS MARITIME CORPORATION v. NATIONAL MARITIME AGENCIES CO. (THE "STAR OF KUWAIT")

[1986] 2 Lloyd's Rep 641

Sale of ship - Average damage - Vessel to be delivered free of average damage or defects affecting class - Whether "average" qualified or limited the words "or defects" - Whether buyers entitled to recover damages.

PAGNAN S.p.A. v. TRADAX OCEAN TRANSPORTATION S.A.

[1986] 2 Lloyd's Rep 646

Sale of goods (f.o.b.) - Non-delivery - Export of tapioca pellets governed by export licence - Sellers unable to make delivery - Whether absolute obligation on sellers to provide for export certificate - Whether sellers could rely on force majeure for failure to do so.

LUSOGRAIN COMERCIO INTERNACIONAL DE CEREAS LTDA. v. BUNGE A.G.

[1986] 2 Lloyd's Rep 654

Sale of goods (f.o.b.) - Non-shipment - Buyers in breach for failing to give notice of vessel to load in due time - Sellers claimed damages - Date upon which damages to be assessed - Date when carrying charges ceased.

Lloyd's Law Reports