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THE “MYRTO” (NO. 3)

[1987] 2 Lloyd's Rep 1

Admiralty practice - Writ - Validity - Action by plaintiffs claiming reimbursement of costs of discharging cargo - Application to extend validity of writ - Whether application should be granted - R.S.C., O. 6, r. 8.

THE “GORING”

[1987] 2 Lloyd's Rep 15

Salvage - Remuneration - Vessel salved in non-tidal waters - Salvors claimed reward - Whether Court had jurisdiction to award salvage - Whether writ should be set aside.

ATKINS INTERNATIONAL H.A. v. ISLAMIC REPUBLIC OF IRAN SHIPPING LINES

[1987] 2 Lloyd's Rep 37

Charter-party (Voyage) - Safe port - Iran-Iraq war - Vessel ordered to discharge at Bandar Khomeini - Vessel struck by missile and severely damaged - Whether charterers had warranted safety of discharging port - Whether charterers warranted safety of necessary approach voyage.

SUPERFOS CHARTERING A/S v. N.B.R.(LONDON)LTD. (THE “SATURNIA”)

[1987] 2 Lloyd's Rep 43

Charter-party (Voyage) - Strike clause - Strike occurred after vessel on demurrage - Discharging of cargo prevented or delayed - Whether owners entitled to demurrage at full rate - Whether charterers entitled to recover overpayment.

NICHIMEN CORPORATION v. GATOIL OVERSEAS INC.

[1987] 2 Lloyd's Rep 46

Sale of goods (f.o.b.) - Repudiation - Letter of credit - Sellers alleged buyers failed to establish letter of credit by latest date permissible - Sellers treated buyers as wrongfully repudiating contract - Sellers claimed summary judgment - Whether buyers had an arguable case.

“THE ARAMIS”

[1987] 2 Lloyd's Rep 58

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.

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

[1987] 2 Lloyd's Rep 69

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.

FELIXSTOWE DOCK AND RAILWAY CO. v. U.S. LINES INC. FREIGHTLINERS LTD. v. U.S. LINES INC.

[1987] 2 Lloyd's Rep 76

Practice - Mareva injunctions - Application to set aside - Plaintiffs claimed moneys owed to them by defendants - Plaintiffs obtained Mareva injunctions against defendants - Defendants granted restraining order under U.S. Federal Bankruptcy Code - Whether restraining order should be recognized by English Courts - Whether injunctions should be set aside.

THE “STATE OF HIMACHAL PRADESH”

[1987] 2 Lloyd's Rep 97

Collision - Crossing vessels - Collision off Bombay - Navigation of both vessels - Whether failure to keep proper lookout - Whether negligent in altering course - Liability for collision - Apportionment.

THE “RIVER RIMA”

[1987] 2 Lloyd's Rep 106

Admiralty practice - Jurisdiction - Action in rem - Plaintiffs claimed damages for conversion of containers and failure to maintain and keep in good repair - Whether containers “goods supplied to ship for her operation” - Whether Court had jurisdiction to hear action - Supreme Court Act, 1981, s. 20(2)(m).

THE “LASH ATLANTICO”

[1987] 2 Lloyd's Rep 114

Admiralty practice - Collision - Assessment of damages - Currency of claim - Costs - Whether plaintiffs entitled to recover damages in U.S.dollars - Whether order as to costs should be varied - Whether plaintiff lost opportunity of carrying a cargo during period vessel under repairs.

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

[1987] 2 Lloyd's Rep 122

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)”.

FOOD CORPORATION OF INDIA v. ANTCLIZO SHIPPING CORPORATION (THE “ANTCLIZO”)

[1987] 2 Lloyd's Rep 130

Arbitration - Injunction - Delay in prosecution - Disputes on laytime demurrage and despatch referred to arbitration - No communication between parties for about eight years - Arbitrators closed their files -Whether arbitration agreement abandoned by mutual consent - Whether injunction restraining defendants from proceeding with arbitration should be granted.

THE “GAZ FOUNTAIN”

[1987] 2 Lloyd's Rep 151

Collision - Limitation of time - Application for extension of time - Plaintiffs failed to issue writ within time limit - Whether application should be granted - Whether writ issued by plaintiffs should be struck out - Maritime Conventions Act, 1911 s. 8.

THE “TRANSOCEANICA FRANCESCA” AND “NICOS V”

[1987] 2 Lloyd's Rep 155

Admiralty practice - Collision - Assessment of damages - Collision off Portuguese coast - Plaintiffs’ claim made in lire - 312 years later plaintiffs’ reamended claim made in U.S. dollars - Currency in which claim should be assessed - Correct method of setting off amounts of claim and counter-claim.

THE “ITALY II”

[1987] 2 Lloyd's Rep 162

Admiralty practice - Arrest of ship - Delay in prosecution of action - Plaintiff arrested defendants’ vessel for non-payment of costs of repairs - Vessel remained under arrest for 212 years - Plaintiff took no steps to prosecute the action - Whether application of Admiralty Marshal that the arrest be ended should be granted.

THE “JALAMATSYA”

[1987] 2 Lloyd's Rep 164

Admiralty practice - Arrest of ship - Application to set aside arrest - Dispute between plaintiffs and defendants referred to arbitration - No security provided by defendants - Plaintiffs arrested vessel - Whether an abuse of process of Court - Whether arrest should be set aside - Civil jurisdiction and Judgments Act, 1982, s. 26.

DIDYMI CORPORATION v. ATLANTIC LINES AND NAVIGATION CO. INC.

[1987] 2 Lloyd's Rep 166

Charter-party (Time) - Speed and consumption - Clause in charter that owners to be indemnified by increase in hire if vessel maintained better speed and consumption - Whether clause enforceable - Whether owners suffered any loss - Assessment of performance and indemnity.

TRANSWORLD OIL LTD. v. NORTH BAY SHIPPING CORPORATION (THE “RIO CLARO”)

[1987] 2 Lloyd's Rep 173

Charter-party (Voyage) - Remoteness of damage - Exceptions clause - Vessel delayed in sailing from Greece - Charterers alleged delay breach of charter - Arbitrator held charterers’ loss caused by delay but too remote a consequence - Whether arbitrator had directed himself correctly - Whether owners could rely on exceptions clause.

NEW A LINE v. ERECHTHION SHIPPING CO. S.A. (THE “ERECHTHION”)

[1987] 2 Lloyd's Rep 180

Charter-party (Time) - Indemnity - Charterers ordered vessel to Port Harcourt - Vessel struck unmarked obstruction - Vessel damaged - Whether charterers obliged to indemnify owners against consequence of complying with charterers’ orders.

PRESIDENT OF INDIA v. N.G. LIVANOS MARITIME CO. (THE “JOHN MICHALOS”)

[1987] 2 Lloyd's Rep 188

Charter-party (Voyage) - Demurrage - Strike by port workers - Vessel already on demurrage when strike began - Discharge delayed because of strike - Whether charterers relieved from liability for demurrage.

KEIKO HOLMES v. BANGLADESH BIMAN CORPORATION

[1987] 2 Lloyd's Rep 192

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.

COMMODITY OCEAN TRANSPORT CORPORATION v. BASFORD UNICORN INDUSTRIES LTD. (THE “MITO”)

[1987] 2 Lloyd's Rep 197

Practice - Mareva injunction - Application for security - Plaintiffs obtained Mareva injunction - Cross-undertaking given by plaintiffs - Injunction discharged - Whether plaintiffs should give security for cross-undertaking.

McDERMID v. NASH DREDGING & RECLAMATION CO. LTD.

[1987] 2 Lloyd's Rep 201

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.

CHINA OCEAN SHIPPING CO. v. THE OWNERS OF THE VESSEL “ANDROS” (THE “XINGCHENG” AND “ANDROS”)

[1987] 2 Lloyd's Rep 210

Admiralty practice - Action in rem - Carriage by sea - Claim for indemnity by way of damages - Application for dismissal of action for want of prosecution - Time allowed for bringing action - Whether art. III bis 6 of the Hague-Visby Rules applicable to indemnity claims.

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

[1987] 2 Lloyd's Rep 215

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.

GEBR. VAN WEELDE SCHEEPVAARTKANTOR B.V. v. COMPANIA NAVIERA SEA ORIENT S.A. (THE “AGRABELE”)

[1987] 2 Lloyd's Rep 223

Arbitration - Delay in prosecuting - Injunction - Disputes under charter-party referred to arbitration - No further steps taken in arbitration for over three years - Whether parties agreed to abandon reference - Whether injunction restraining defendants from taking any further steps should be granted.

FERCOMETAL S.A.R.L. v. MSC MEDITERRANEAN SHIPPING CO. S.A. (THE “SIMONA”)

[1987] 2 Lloyd's Rep 236

Arbitration - Award - Burden of proof - Owners alleged non-performance - Whether vessel could have commenced loading by cancelling date - Whether onus of proof on owners - Whether charterers entitled to cancel charter.

DEUTSCHE SCHACHTBAU-UND TIEFBOHRGESELLSCHAFT m.b.h. v. RAS AL KHAIMAH NATIONAL OIL CO. AND SHELL INTERNATIONAL PETROLEUM CO. LTD.

[1987] 2 Lloyd's Rep 246

Arbitration - Award - Enforcement - Mareva injunction - Plaintiffs obtained arbitration award in Switzerland - English interveners bought oil from defendants - Plaintiffs sought to satisfy award out of payments - Injunction granted freezing defendants’ assets - Whether injunction should be discharged - Whether award should be enforced - Arbitration Act, 1950, s. 26 - Arbitration Act, 1975, s. 5. Practice - Application to set aside - Defendants obtained foreign judgment - Writ issued to found counterclaim to action on award - Leave to serve writ out of jurisdiction granted - Whether application to set aside writ should be granted.

PLAKOURA MARITIME CORPORATION v. SHELL INTERNATIONAL PETROLEUM CO. LTD. (THE “PLAKOURA”)

[1987] 2 Lloyd's Rep 258

Charter-party (Voyage) - Laytime - Commencement - Time to count when vessel securely moored at discharging place - Whether vessel to be regarded as having been securely moored at loading or discharging place upon arrival at the respective port or upon making fast at loading or discharging berths.

MARC RICH & CO. LTD. v. TOURLOTI COMPANIA NAVIERA S.A. (The “KALLIOPI A”)

[1987] 2 Lloyd's Rep 263

Charter-party (Voyage) - Demurrage - Vessel anchored at pilot station due to non-availability of discharging berth - Laytime expired while vessel at pilot station - Whether charterers’ liability for demurrage excluded by “restraint of princes” clause.

MARC RICH & CO. LTD v. TOURLOTTI COMPANIA NAVIERA S.A. (THE “KALLIOPI A”)

[1987] 2 Lloyd's Rep 268

PAROS SHIPPING CORPORATION v. NAFTA (GB) LTD (THE “PAROS”)

[1987] 2 Lloyd's Rep 269

Charter-party (Voyage) - Bill of lading - Indemnity - Bill of lading did not incorporate terms of charter - Receivers alleged shortage on outturn - Receivers sued shipowners - Whether shipowners entitled to be indemnified by charterers.

NAVROM v. CALLITSIS SHIP MANAGEMENT S.A. (THE “RADAUTI”)

[1987] 2 Lloyd's Rep 276

Charter-party (Voyage) - Demurrage - Time lost in waiting for berth to count as laytime - Vessel waiting for berth due to congestion - Whether laytime ran during whole or part of period - Whether charterers liable for demurrage.

INDIAN OIL CORPORATION LTD. v. GREENSTONE SHIPPING S.A. (THE “YPATIANNA”)

[1987] 2 Lloyd's Rep 286

Carriage by sea - Short delivery - Admixture of cargo of crude oil - Whether whole of the mixture became property of receivers - Whether tolerance applied by arbitrators supported by facts found.

FIRMA C-TRADE S.A. v. NEWCASTLE PROTECTION AND INDEMNITY ASSOCIATION (The “FANTI”)

[1987] 2 Lloyd's Rep 299

Insurance (Marine) - P. and I. risks - Carriage by sea - Water entered vessel - Cargo and vessel abandoned - Cargo-owners obtained judgment in default against shipowners - Judgment unsatisfied - Whether cargo-owners could recover direct from shipowners’ P. and I. club - Third Parties (Rights against Insurers) Act, 1930.

PRESIDENT OF INDIA v. LIPS MARITIME CORPORATION (THE “LIPS”)

[1987] 2 Lloyd's Rep 311

Arbitration - Award - Demurrage - Late payment of demurrage - Umpire held charterers liable in damages for difference between exchange rate at bill of lading date and exchange rate at date of award - Whether owners entitled to damages for late payment of demurrage.

HISPANICA DE PETROLEOS S.A. AND COMPANIA IBERICA REFINADERA S.A. v. VENCEDORA OCEANICA NAVEGACION S.A. SAME v. SAME AND THE WEST OF ENGLAND SHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) (THE “KAPETAN MARKOS N.L.” (NO. 2))

[1987] 2 Lloyd's Rep 321

Carriage by sea - Title to sue - Bill of lading endorsed to second plaintiffs - Vessel disabled by fire and explosion - Whether title to cargo passed to second plaintiffs before shipment - P. and I. Club gave undertaking - Whether plaintiffs had title to sue - Whether undertaking should be discharged.

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

[1987] 2 Lloyd's Rep 342

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.

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

[1987] 2 Lloyd's Rep 354

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.

VAGRES COMPANIA MARITIMA S.A. v. NISSHO-IWAI AMERICAN CORPORATION (THE “KARIN VATIS”)

[1987] 2 Lloyd's Rep 361

Charter-party (Voyage) - Freight - Vessel carried additional cargo - Charterers paid 95 per cent. of freight - Vessel lost on voyage - Whether owners entitled to last 5 per cent. of freight and accrued load port demurrage - Whether owners entitled to additional freight for additional cargo.

PRESIDENT OF INDIA v. DAVENPORT MARINE PANAMA S.A. (THE “ALBION”)

[1987] 2 Lloyd's Rep 365

Charter-party (Voyage) - Laytime - Commencement - Time to count from 24 hours after receipt of notice of readiness vessel also having been entered in Customs House - Vessel’s inward entry application filed - Final entry granted on berthing - Time at which laytime commenced.

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

[1987] 2 Lloyd's Rep 371

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.

ATHENIAN TANKERS MANAGEMENT S.A. v. PYRENA SHIPPING INC. (THE “ARIANNA”)

[1987] 2 Lloyd's Rep 376

Charter-party (Time) - Cancellation - Allegation of deficiencies in inter alia vessel’s tank cleaning system - Charterers refused to take delivery of vessel - Arbitrators found in favour of owners - Whether vessel fitted for service - Whether charterers justified in cancelling charter - Whether arbitrators misdirected themselves.

MITSUI & CO. LTD. AND ANOTHER v. FLOTA MERCANTE GRANCOLOMBIANA S.A. (THE “CIUDAD DE PASTO” AND “CIUDAD DE NEIVA”)

[1987] 2 Lloyd's Rep 392

Carriage by sea - Damage to cargo - Cargo transhipped into another vessel - Cargo found damaged on discharge - Plaintiffs claimed damages - Negotiations between parties’ solicitors - Whether action settled - Whether plaintiffs had title to sue - Whether damage occurred while cargo in custody of defendants - Whether defendants liable.

UNICORN SHIPPING LTD. v. DEMET NAVY SHIPPING CO. LTD. (THE “PITSA T”)

[1987] 2 Lloyd's Rep 404

Practice - Mareva injunction - Dispute between owners and defendant time charterers as to non-payment of hire - Plaintiff voyage charterers paid disbursements on behalf of defendants - Injunction granted attaching to vessel’s bunkers - Whether injunction should be continued.

THE TRANSCONTINENTAL UNDERWRITING AGENCY S.R.L. v. GRAND UNION INSURANCE CO. LTD. AND P.T. REASURANSI UMUM INDONESIA

[1987] 2 Lloyd's Rep 409

Reinsurance - Retrocession agreements - Construction - Whether plaintiffs parties to agreement - Whether plaintiff brokers entitled to claim on behalf of their principals in capacity of fiduciary agents.

C.T. BOWRING REINSURANCE LTD. v. M. R. BAXTER (THE “M. VATAN” AND “M. CEYHAN”)

[1987] 2 Lloyd's Rep 416

Reinsurance - War risks loss of hire - Vessels on charter-party service operating in Persian Gulf - Vessels reinsured for loss of hire - Vessels seriously damaged by Exocet missile attack - Whether assured entitled to pro rata return of premium.

BRYCE v. SWAN HUNTER GROUP PLC. AND OTHERS

[1987] 2 Lloyd's Rep 426

Damages - Personal injury - Deceased died of mesothelioma - Whether deceased suffered from the effects of asbestosis - Whether defendant employers in breach of duty to deceased - Whether breach of duty caused disease - Damages recoverable.

K/S A/S BANI AND K/S A/S HAVBULK I v. KOREA SHIPBUILDING AND ENGINEERING CORPORATION

[1987] 2 Lloyd's Rep 445

Arbitration - Security for costs - Shipbuilding contract - Buyers declined to accept delivery - Disputes referred to arbitration - Buyers applied for security for costs - Whether application should be granted.

GOLIATH TRANSPORT & SHIPPING B.V v. THE GENERAL AUTHORITY OF THE PORT OF ALEXANDRIA (THE “SALVIVA”)

[1987] 2 Lloyd's Rep 457

Towage - Deviation - Floating crane being towed from Japan to Alexandria -Towing seaworthy survey - Whether change of surveyors agreed - Tug deviated to avoid typhoon - Damage caused to sea-fastening of crane - Whether tug-owners could claim for extra steaming time - Whether tug-owners liable for damage to sea-fastening.

ANDRÉ ET CIE v. COOK INDUSTRIES INC.

[1987] 2 Lloyd's Rep 463

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.

THE “NORDGLIMT”

[1987] 2 Lloyd's Rep 470

Admiralty practice-Arrest of ship-Jurisdiction-Application to set aside or strike out-Affidavit made inaccurate statements of fact-Whether plaintiffs failed to make full and frank disclosures-Whether plaintiffs’ claim extinguished by art III, r. 6 of the Hague-Visby Rules-Whether Court had jurisdiction-Whether application to strike out or set aside warrant should be granted-Civil Jurisdiction and Judgments Act, 1982

THE “E.R. WALLONIA”

[1987] 2 Lloyd's Rep 485

Collision - Crossing vessels - Collision in South China Sea - Restricted visibility - Failure to maintain proper lookout and proceed at safe speed - Apportionment of liability - Collision Regulations, 1972.

THE “GRAMPUS”

[1987] 2 Lloyd's Rep 489

Collision - Negligence - Construction of outfall - Spoil discharged down floating pipeline - Allegations that defendants’ dumb barge collided with floating pipeline causing moorings of other craft to part and barges to drift ashore - Whether defendants negligent - Whether defendants liable for damage caused.

C.A. VENEZOLANA DE NAVEGACION v. BANK LINE (THE “ROACHBANK”)

[1987] 2 Lloyd's Rep 498

Charter-party (Time) - Off-hire - Vessel embarked refugees - Port authorities refused to allow vessel to berth without bank guarantees - Whether vessel off-hire - Whether vessel prevented from full working by presence of refugees.

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

[1987] 2 Lloyd's Rep 509

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.

SAIPEM S.p.A. v. DREDGING VO2 B.V. AND GEOSITE SURVEYS LTD. (THE “VOLVOX HOLLANDIA”)

[1987] 2 Lloyd's Rep 520

Practice - Application to set aside - Damage to pipeline - Legal proceedings pending in Rotterdam - Proceedings brought in England - Leave to serve writ out of jurisdiction granted - Whether England appropriate forum - Whether application to set aside or stay the actions should be granted.

SOCONY MOBIL OIL CO. INC. AND OTHERS v. WEST OF ENGLAND SHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD. (THE “PADRE ISLAND”) (No.2)

[1987] 2 Lloyd's Rep 529

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

TEXACO LTD v. THE EUROGULF SHIPPING CO. LTD.

[1987] 2 Lloyd's Rep 541

Contract - Repudiation - Application for stay - Sellers sold f.o.b. 15,000 tonnes of aviation fuel to buyers - Buyers’ nominated vessel unable to arrive within delivery dates - Sellers sold 11,000 tonnes fuel to third party - Whether contract repudiated - Whether buyers entitled to stay of action under s. 4(1) of the Arbitration Act, 1950.

VOEST ALPINE INTERTRADING G.m.b.H v. CHEVRON INTERNATIONAL OIL CO. LTD.

[1987] 2 Lloyd's Rep 547

Sale of goods (f.o.b.) - Daisy-chain contracts - Agreement for sale of Brent crude oil within ambit of Brent Forward Market - Circle identified - Negotiations for a book-out - Whether book-out agreed - Failure to agree base price - Whether defendants obliged to pay full purchase price - Whether obligations suspended during negotiations - Whether plaintiffs repudiated contract.

PRACTICE DIRECTION

[1987] 2 Lloyd's Rep 563

Remuneration of nautical and other assessors.

ETRI FANS LTD. v. NMB (U.K.) LTD.

[1987] 2 Lloyd's Rep 565

Arbitration - Stay of action - Application by appellants to be joined as parties to existing action to enable action to be stayed - Whether application should be granted - Whether appellants entitled to stay action - Arbitration Act, 1975 s. 1

GOLDENGLOW NUT FOOD CO. LTD. v. COMMODIN (PRODUCE) LTD. AND SOCIETE GENERALE DE SURVEILLANCE S.A. AND NEW HAMPSHIRE INSURANCE CO. LTD.

[1987] 2 Lloyd's Rep 569

Practice - Writ - Validity - Stay of action - In Switzerland service by post on second defendants invalid unless effected through diplomatic channels - Plaintiffs applied for extension of validity of writ - Whether such application should be granted - Whether action should be stayed - Whether proceedings against second defendants properly brought.

COOKE AND ARKWRIGHT v. N. C. HAYDON

[1987] 2 Lloyd's Rep 579

Insurance (Liability) - Construction - Defendants insured plaintiff chartered surveyors - Partner in plaintiff firm a partner in third party - Third party engaged by company to design and construct superstore - Company alleged breach of contract - Third party alleged work sub-contracted to plaintiffs - Whether plaintiffs’ liability covered by policies issued by defendants.

E.I. DU PONT DE NEMOURS & CO. AND ENDO LABORATORIES INC. v. I. C. AGNEW, K. W. KERR AND OTHERS

[1987] 2 Lloyd's Rep 585

Insurance (Product Liability) - Indemnity - Stay of action - Application to set aside service - Injury caused to third party by use of insureds’ products - Successful action brought against insureds in Illinois - Insureds claimed indemnity in England - Whether English action should be stayed on ground of forum non conveniens - Whether proper law of insurance contracts English - Whether service out of jurisdiction should be set aside.

ZAKHEM INTERNATIONAL CONSTRUCTION LTD. v. NIPPON KOKAN KK

[1987] 2 Lloyd's Rep 596

Practice - Summary judgment - Contract for construction work in Libya - Alleged agreement between plaintiffs and defendants regarding disposal of equipment - Plaintiffs claimed balance of payment - Plaintiffs applied for summary judgment - Whether defendants entitled to unconditional leave to defend.

PAGNAN S.p.A. v. FEED PRODUCTS LTD.

[1987] 2 Lloyd's Rep 601

Contract - Sale of goods (f.o.b.) - Negotiations between sellers and buyers - Buyers alleged terms of contract never agreed - Whether binding contract entered into - Whether contract rescinded by mutual agreement - Whether binding contract entered into a later date.

THE “RUBEN MARTINEZ VILLENA”

[1987] 2 Lloyd's Rep 621

Admiralty practice - Application to set aside - Judgment entered in default - Damage to cargo - Defendants failed to defend action - Plaintiffs obtained judgment - Whether defendants had a good arguable case - Whether application to set aside should be granted - R.S.C., O. 75, r. 21(9).

THE “MANCUNIUM”

[1987] 2 Lloyd's Rep 627

Collision - Crossing vessels - Collision in South Eastham Channel in River Mersey - Faults in navigation - Apportionment of liability.

THE “MEKHANIK EVGRAFOV” AND “IVAN DERBENEV”

[1987] 2 Lloyd's Rep 634

Carriage by sea - Damage to cargo - Vessels carrying newsprint from Canada to England - Cargo delivered damaged by condensation - Whether damage inevitable - Whether carriers liable - Hague Rules, art. IV, r. 2.

SABAH FLOUR AND FEEDMILLS v. COMFEZ LTD.

[1987] 2 Lloyd's Rep 647

Charter-party (Voyage) - Limitation of time - Clause in charter required cargo claims to be brought within 12 months - Arbitration clause required claims to be made and arbitrator to be appointed within six months - Combined effect of clauses - Whether arbitration proceedings brought within time.

PRESIDENT OF INDIA v. DIAMANTIS PATERAS (HELLAS) MARINE ENTERPRISES LTD. (THE “NESTOR”)

[1987] 2 Lloyd's Rep 649

Charter-party (Voyage) - Laytime - Notice of readiness tendered - Whether vessel entered at Customs House - Date of commencement of laytime - Whether notice of readiness valid.

MOBIL SHIPPING AND TRANSPORTATION CO. v. SHELL EASTERN PETROLEUM (PTE) LTD. (THE “MOBIL COURAGE”)

[1987] 2 Lloyd's Rep 655

Charter-party (Voyage) - Bill of lading - Mobil indemnity clause - Plaintiffs refused to allow discharge of cargo without original bill of lading or letter of indemnity - Delay in discharge - Commencement of laytime - Whether triplicate bill presented to master for signature - Whether plaintiffs in breach of charter.

ZAKHEM INTERNATIONAL CONSTRUCTION LTD. v. NIPPON KOKAN KK (No. 2)

[1987] 2 Lloyd's Rep 661

Practice - Transfer of action - Action commenced in Commercial Court - Whether application to transfer action to Chancery Division should be granted.

BARAMEDA ENTERPRISES PTY. LTD. v. RONALD PATRICK O’CONNOR AND K.F.V. FISHERIES (QLD) PTY. LTD. (THE “TIRUNA” AND “PELORUS”)

[1987] 2 Lloyd's Rep 666

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.

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