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THE “JANGMI” KNOWN AS “GRIGORPAN”

[1989] 2 Lloyd's Rep 1

Admiralty practice - Action in rem - Application to set aside - Damage to cargo - Date of voyage changed in writ - Validity of writ extended - Whether change in date a new cause of action - Whether writ should have been extended - Whether writ should be set aside.

JOHN HAY v. LONDON BRICK CO. LTD.

[1989] 2 Lloyd's Rep 7

COMDEL COMMODITIES LTD. v. SIPOREX TRADE S.A. (No. 2).

[1989] 2 Lloyd's Rep 13

Arbitration - Award - Limitation of time - Sale of goods - Sellers claimed recovery of balance of performance bonds - Board of Appeal of FOSFA held claim time barred - Whether plaintiffs’ claim time barred - Whether application for extension of time should be granted - Arbitration Act, 1950 s. 27.

DEN NORSKE CREDITBANK v. THE SARAWAK ECONOMIC DEVELOPMENT CORPORATION

[1989] 2 Lloyd's Rep 35

Practice - Summary judgment - Guarantee - Validity - Bank made loan to facilitate purchase of diving support vessel - Defendants gave guarantee - Guarantee assigned to plaintiffs - Whether guarantee valid - Whether plaintiffs entitled to summary judgment.

INDUSTRIE CHIMICHE ITALIA CENTRALE AND CEREALFIN S.A. v. ALEXANDER G. TSAVLIRIS & SONS MARITIME CO., PANCHRISTO SHIPPING CO. S.A. AND BULA SHIPPING CORPORATION (THE ‘CHOKO STAR’)

[1989] 2 Lloyd's Rep 42

Salvage - Reward - Vessel and cargo grounded in River Parana - Master engaged European salvors - Whether master and shipowner had implied actual authority to make reasonable contracts with salvors on behalf of cargo-owners - Whether cargo-owners liable for their share of reward.

BEN LINE STEAMERS LTD. v. PACIFIC STEAM NAVIGATION CO. (THE “BENLAWERS”)

[1989] 2 Lloyd's Rep 51

Charter-party (Time) - Inter-Club Agreement - Implied indemnity - Receivers claimed in respect of damage to cargo - Shipowners settled claim - Whether entitled to be indemnified by charterers - Effect of Inter-Club agreement.

COMPANIA PORTORAFTI COMMERCIALE S.A. v. ULTRAMAR PANAMA INC. AND OTHERS (THE “CAPTAIN GREGOS”)

[1989] 2 Lloyd's Rep 63

Bill of lading - Limitation of time - Short delivery - Cargo owners alleged that plaintiff carriers had stolen quantity of cargo of oil - Bills of lading incorporated Hague-Visby Rules - Whether cargo-owners action barred by limitation provisions.

TATE AND LYLE INDUSTRIES LTD. v. DAVY MCKEE (LONDON) LTD.

[1989] 2 Lloyd's Rep 70

Arbitration - Leave to appeal - Dispute on construction contract referred to arbitration - Plaintiff claimants issued summons for leave to appeal in Commercial Court - Court order that summons to be transferred to Official Referee’s Court - Whether transfer ultra vires - Whether summons should be re-listed in Commercial Court.

MACEDONIA MARITIME CO., ALCIONIS MARITIME CO. KOZANI MARITIME CO. AND VASSILIKI MARITIME CO. v. AUSTIN & PICKERSGILL LTD. (THE “FAYROUZ I-IV”)

[1989] 2 Lloyd's Rep 73

Shipbuilding contract - Construction - Plaintiffs alleged defects in vessels and claimed damages - Defendants applied for security for costs - Agreement between parties that plaintiff would drop substantial proportion of claims - Whether irrevocable abandonment of such claims - Whether plaintiffs could reinstate them.

IRON TRADES MUTUAL INSURANCE CO. LTD. AND OTHERS v. J. K. BUCKENHAM LTD.

[1989] 2 Lloyd's Rep 85

Limitation of time - Application to strike out - Defendants placed reinsurance with Portuguese company - Portuguese company failed to pay on claims alleging non-disclosure misrepresentation and breach of warranty - Plaintiffs claimed against defendants - Whether action time barred - Whether plaintiffs could rely on Limitation Act 1980 s. 14 and Latent Damage Act 1986, s. 1 - Whether plaintiffs’ action should be struck out.

FINNISH MARINE INSURANCE CO. LTD. v. PROTECTIVE NATIONAL INSURANCE CO.

[1989] 2 Lloyd's Rep 99

Reinsurance - Application to set aside - Dispute as to reinsurance contracts - Whether plaintiffs party to contracts - Whether leave to serve out of jurisdiction should be granted - Whether defendants’ application to withdraw their summons for a stay should be granted - R.S.C., O. 11, r. 1.

RICHCO INTERNATIONAL LTD. v. INTERNATIONAL INDUSTRIAL FOOD Co. SAL

[1989] 2 Lloyd's Rep 106

Practice - Security - Payment into Court - Sale of goods - Buyers sold goods to sub-buyers - Dispute between buyers and sellers referred to arbitration - Payment by sub-buyers to buyers - Whether Court had power to order payment by sub-buyers to be paid into Court.

THE “DEICHLAND”

[1989] 2 Lloyd's Rep 113

Admiralty practice - Action in rem - Jurisdiction - Damage to cargo - Plaintiffs applied for judgment in default of acknowledgement - Defendants domiciled in Federal Republic of Germany - Whether Court had jurisdiction - Whether Court should decline jurisdiction - Civil Jurisdiction and Judgments Act, 1982.

GOVERNMENT OF SIERRA LEONE v. MARMARO SHIPPING CO. LTD. SAME v. MARGARITIS MARINE CO. LTD. (THE “AMAZONA” AND “YAYAMARIA”)

[1989] 2 Lloyd's Rep 130

Bill of lading - Stay of action - Title to sue - Bill of lading incorporated Hague-Visby Rules - Clause in bill required suit for arbitration to be brought within 30 days - Whether clause rendered null and void by art. III, r. 8 - Whether defendants entitled to stay of all proceedings so that issue on title to sue could be determined - Whether exercise of election to arbitrate affected the position - Hague-Visby Rules, art. III, rr. 6, 8 - Supreme Court Act, 1981 s. 49(3).

MARCAN SHIPPING (LONDON) LTD. v. POLISH STEAMSHIP CO. (THE “MANIFEST LIPKOWY”)

[1989] 2 Lloyd's Rep 138

Shipbroker - Commission - Sale and purchase of vessel - Shipbrokers negotiated contract - Vessel not ready for delivery by cancelling date - Buyers cancelled contract - Whether shipbrokers entitled to damages for breach of implied term that sellers would not do anything to deprive shipbrokers of their opportunity to earn commission.

IRISH SHIPPING LTD. v. COMMERCIAL UNION ASSURANCE CO. PLC. AND ALLIANCE ASSURANCE CO. LTD. (THE “IRISH ROWAN”)

[1989] 2 Lloyd's Rep 144

Insurance (Liability) - Stay of action - Application to strike out - Leading underwriters clause - Plaintiffs brought representative action against defendants - Whether words of representation in writ should be struck out - Whether Belgian Courts more appropriate forum - Whether action should be stayed - R.S.C., O. 15, r. 12.

FREDERICK JOSEPH REID v. RUSH AND TOMPKINS GROUP PLC

[1989] 2 Lloyd's Rep 167

Employment - Insurance - Personal injury - Plaintiff employed in Ethiopia by defendants - Plaintiff injured in road accident in Ethiopia - No compulsory third party motor insurance system - Whether defendants in breach of duty of care in failing either to insure plaintiff against such risk or advising him accordingly - Whether plaintiff could recover damages from defendants.

THE “EMRE II”

[1989] 2 Lloyd's Rep 182

Admiralty practice - Action in rem - Stay of action - Order for sale of vessel pendente lite - Whether parties agreed Turkish jurisdiction - Whether Turkey a more convenient forum - Defendants unable to provide security - Whether action should be stayed - Whether vessel should be sold by order of the Court.

BROWNER INTERNATIONAL LTD. v. MONARCH SHIPPING CO. LTD. (THE “EUROPEAN ENTERPRISE”)

[1989] 2 Lloyd's Rep 185

Carriage by sea - Limitation of liability - Damage to goods - Goods carried subject to consignment note and partial incorporation of Hague-Visby Rules - Limitation provisions in consignment note less generous than Hague-Visby Rules - Whether provisions invalidated - Whether “carrier” in art. IV, r. 5(e) referred only to carrier or included carrier acting through his agents or servants - Hague-Visby Rules, art. IV, r. 5, - Carriage of Goods by Sea Act, 1971 s. 1(6)(b).

E. D. & F. MAN (SUGAR) LTD. v. EVALEND SHIPPING CO. S.A. AND ANOTHER

[1989] 2 Lloyd's Rep 192

Contract - Cancellation - Carriage by sea - Contract evidenced by booking note - Nominated vessel unlikely to arrive within laycan dates - Plaintiffs cancelled contract - Whether first or second defendants parties to and or personally liable on contract - Whether Mareva injunction should be varied.

I.E. CONTRACTORS LTD. v. LLOYDS BANK PLC. AND RAFIDAIN BANK

[1989] 2 Lloyd's Rep 205

Banking - Performance bonds - Counter-guarantees - Construction of poultry slaughterhouses in Iraq - Demands made under performance bonds - Whether demands valid - Whether demands on counter-guarantee valid.

C. F. TURNER v. MANX LINE LTD.

[1989] 2 Lloyd's Rep 212

Insurance (Marine) - Institute Time Clauses Hulls-Port Risks - Construction - Linkspan insured under standard policy incorporating I.T.C.H.P.R. - Linkspan capsized causing damage - Whether liability of insurers arose from assured’s proprietary or operational interest in the Linkspan.

KITCHEN DESIGN AND ADVICE LTD. v. LEA VALLEY WATER CO.

[1989] 2 Lloyd's Rep 221

Insurance (Damage and Loss of Profits) - Accord and satisfaction - Plaintiffs’ stock damaged by burst water main - Defendants’ insurers settled claim for physical damage and plaintiffs’ insurers signed form of discharge - Plaintiffs claimed in respect of loss of profits - Whether form of discharge an accord and satisfaction for entirety of plaintiffs’ claim - Whether plaintiffs’ insurers had authority to bind plaintiffs to that claim.

P. W. G. SUTTLE v. ELEANOR JOYCE SIMMONS

[1989] 2 Lloyd's Rep 227

Insurance (Motor) - Limitation of liability - Personal injuries - Respondent injured due to negligence of person driving insured’s car - Policy excluded cover for accident incurred while car being driven by unauthorized driver - Respondent obtained judgment against driver - Whether respondent could claim full judgment and costs from appellant insurers - Whether appellant entitled to limit liability - Bermudan Motor Car Insurance (Third-Party Risks) Act, 1943.

HIU TING HANG v. GRAND UNION MOTOR INSURANCE CO. LTD.

[1989] 2 Lloyd's Rep 233

Insurance (Motor) - Indemnity - Personal injuries - Appellant employee driver and fellow employee passengers involved in accident - Insurers of car obliged to indemnify authorized driver against liability - Insurers not notified of accident or charge brought against insured - Whether insurers entitled to repudiate liability.

THE BANK OF NOVA SCOTIA v. HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD. (THE “GOOD LUCK”)

[1989] 2 Lloyd's Rep 238

Insurance (Marine) - War risks - Owners traded vessel to Gulf - Bank mortgagees unaware vessel uninsured - Vessel struck by missile - Letter of undertaking - Whether club in breach of duty of utmost good faith in failing to disclose what they knew to the bank - Duty to speak.

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

[1989] 2 Lloyd's Rep 274

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

STATE TRADING CORPORATION OF INDIA LTD. v. M. GOLODETZ LTD. (Now TRANSCONTINENTAL AFFILIATES LTD.)

[1989] 2 Lloyd's Rep 277

Sale of goods (c. & f.) - Non-performance - Sale and purchase of good afloat - Buyers failed to open letter of credit and sellers failed to open counter-trade guarantee - Whether buyers excused from liability - Whether sellers’ obligation to open counter-trade guarantee a condition.

CARGILL UK LTD. v. CONTINENTAL UK LTD

[1989] 2 Lloyd's Rep 290

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

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

[1989] 2 Lloyd's Rep 298

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

SUSAN ELIZABETH HARRINGTON AND ANOTHER v. MICHAEL JOHN PINKEY

[1989] 2 Lloyd's Rep 310

Insurance (Motor) - Notice of proceedings - Plaintiffs injured in traffic accident - Letter from plaintiffs’ solicitors that plaintiffs would be advised to bring proceedings against insured - Whether letter sufficient notice to insurers that proceedings being brought - Whether insurers liable - Road Traffic Act, 1972, s. 149

GARRICK SHIPPING CO. v. EURO-FRACHTKONTOR G.M.B.H. (THE “WORLD AGAMEMNON”)

[1989] 2 Lloyd's Rep 316

Charter-party (Time) - Limitation of time - Centrocon arbitration clause - Damage to cargo - Whether disputes could be referred to High Court - Whether application for extension of time should be granted - Arbitration Act, 1950, s. 27.

COMMERCIAL BANK OF THE NEAR EAST Plc. v. A, B, C and D

[1989] 2 Lloyd's Rep 319

Practice - Mareva injunction - Stay of action - Default in repayments due under loan agreement - Plaintiffs claimed inter alia against second defendant as guarantors - Plaintiffs given leave to serve writ out of jurisdiction - Whether second defendant entitled to stay action - Whether Mareva injunction should be varied.

THE HONG KONG AND SHANGHAI BANKING CORPORATION v. KLOECKNER & CO. A.G.

[1989] 2 Lloyd's Rep 323

Banking - Letter of credit - Right of set-off - Defendants undertook to pay bank against delivery of bills of lading - Bank claimed balance of payment under undertaking - Defendants counterclaimed under letter of credit - Whether defendents could exercise right of set-off against claim under letter of credit - Whether a party could contract out of his right of set-off.

NICHOLAS CHRISTOPHER KELLY v. NORWICH UNION FIRE INSURANCE SOCIETY LTD.

[1989] 2 Lloyd's Rep 333

Insurance (Buildings and Contents) - Indemnity - Bungalow built on clay - Very dry summer in 1976 led to dessication of clay - Bungalow insured with defendants in 1977 - Bungalow supplied with water direct from mains - Leaks and breaks in pipe in 1977 and 1978 - Incursion of water by coiled pipe - Damage caused to bungalow - Whether insurers liable to indemnify plaintiff.

KENNETH ROBERTS v. PATRICK SELWYN PLAISTED

[1989] 2 Lloyd's Rep 341

Insurance (Combined Hotel Catering and Leisure) - Non-disclosure - Discotheque operated on insured premises - Not disclosed on proposal form - Premises damaged by fire - Whether insurers entitled to repudiate liability for non-disclosure.

E. F.HUTTON & CO. (LONDON) LTD. v. ABDUL GHANI MOFARRIJ

[1989] 2 Lloyd's Rep 348

Practice - Contract - Leave to serve out of jurisdiction - Defendants provided Greek cheque as security for commodity contracts - Defendants in breach of contracts - Leave to serve writ out of jurisdiction granted - Cheque dishonoured - Plaintiffs sought to rely on dishonoured cheque - Whether leave to serve re-amended statement of claim should be granted - Whether claim on cheque within R.S.C., O. 11.

THE “TENES”

[1989] 2 Lloyd's Rep 367

Collision - Crossing vessels - Collision in Mediterranean Sea - Plaintiffs’ vessel sank - Faults in navigation - Vessels proceeding at excessive speed - Apportionment of liability.

ORIENTAL MARITIME PTE. LTD. v. MINISTRY OF FOOD GOVERNMENT OF THE PEOPLES’ REPUBLIC OF BANGLADESH (THE “SILVA PLANA”, “BAHAMASTARS” AND “MAGIC SKY”)

[1989] 2 Lloyd's Rep 371

Charter-party (Voyage) - Supersession clause - Charter-party to be superseded by bill of lading - Dispute as to balance of freight - Arbitrators appointed under charter-party - Whether arbitrators had jurisdiction over bill of lading contracts - Whether charter-parties superseded by bills of lading contracts

ALMARE SOCIETA DI NAVIGAZIONE S.p.A. v. DERBY AND CO. LTD. (“THE ALMARE PRIMA”)

[1989] 2 Lloyd's Rep 376

Arbitration - Award - Jurisdiction - Short delivery - Disputes referred to arbitration - Award did not fall within terms of any express arbitration agreement - Whether parties so conducted themselves as to confer jurisdiction on arbitrators to make award.

MITSUBISHI CORPORATION v. CASTLETOWN NAVIGATION LTD. (THE “CASTLE ALPHA”)

[1989] 2 Lloyd's Rep 383

Carriage by sea - Limitation of time - Damage to cargo - Applications for extension of time - Whether time extended - Whether plaintiffs’ claim time barred - Whether application for extension of time should be granted - Arbitration Act, 1950 s. 27.

GOLDEN OCEAN ASSURANCE LTD. AND WORLD MARINER SHIPPING S.A. v. CHRISTOPHER JULIAN MARTIN AND OTHERS (THE “GOLDEAN MARINER”)

[1989] 2 Lloyd's Rep 390

Insurance (Marine) - Stay of action - Insurance on fleet of vessels placed with London and foreign insurers - Insured vessel incurred salvage services and repairs - Plaintiffs claimed against insurers - Validity of writ extended - Procedural defects occurred in service of writ out of jurisdiction- Whether proper head of jurisdiction made out - Whether defects rendered service null and void - Whether England a more appropriate forum - Whether writ validly extended - R.S.C., O. 11.

GYLLENHAMMAR & PARTNERS INTERNATIONAL LTD AND OTHERS v. SOUR BRODOGRADEVNA INDUSTRIJA

[1989] 2 Lloyd's Rep 403

Shipbuilding contract - Breach - Plaintiffs exercised option to buy sister ship from shipbuilders - Shipbuilders failed to obtain bank guarantee and necessary permissions and approvals - Whether contract null and void - Whether plaintiffs entitled to specific performance or damages in lieu.

A v. B

[1989] 2 Lloyd's Rep 423

Practice - Mareva injunction - Contract for purchase of vessel - Plaintiffs alleged delivery might be in breach of contract - Until vessel delivered plaintiffs had no title to sue - Whether Mareva injunction should be granted.

C. W. ROME AND ANOTHER v. PUNJAB NATIONAL BANK

[1989] 2 Lloyd's Rep 424

Practice - Discovery - Insurers claimed declaration that policies avoided and repayment of moneys - Writ served on insured - Insured applied to set aside service of writ on ground that writ had not been duly served - Whether insured had an established place of business - Whether insurers entitled to discovery of documents.

RE CAVALIER INSURANCE CO. LTD.

[1989] 2 Lloyd's Rep 430

Insurance (Extended Warranty) - Validity - Insurers underwrote extended warranty insurance - Investigation by Department of Trade - Whether insurers had authority to underwrite such policies - Whether insured entitled to return of premiums on ground policies illegal and void.

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

[1989] 2 Lloyd's Rep 451

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

COMPAGNIE COMMERCIALE SUCRES ET DENREES v. C. CZARNIKOW LTD. (THE “NAXOS”)

[1989] 2 Lloyd's Rep 462

Sale of goods (f.o.b.) - Non-performance - Condition - Breach - Term in contract required sellers to have goods ready to be delivered to buyers at any time within contract period - Sellers failed to deliver cargo on presentation of vessel - Buyers regarded sellers in default and terminated contract - Whether sellers in breach of condition - Whether contract validly terminated - Whether buyers entitled to damages.

ESAL (COMMODITIES) LTD. v. MAHENDRA PUJARA

[1989] 2 Lloyd's Rep 479

Practice - Application to set aside - Dispute between plaintiffs and defendants as to ownership of shares - Concurrent writ served on defendants out of jurisdiction - Whether defendants submitted to jurisdiction - Whether writ and service thereof should be set aside.

THE “ARGONAFTIS”

[1989] 2 Lloyd's Rep 487

Collision - Damage to vessel - Quantum - Plaintiffs’ vessel, an F.P.S.O., at moorings in Kalkara Bay Malta - Defendants’ vessel collided with her causing damage - Value of vessel at date of collision - Whether value diminished by damage done by collision - Amount of damages plaintiffs entitled to recover.

WIBAU MASCHINENFABRIC HARTMAN S.A. AND ANOTHER v. MACKINNON MACKENZIE & CO. (THE “CHANDA”)

[1989] 2 Lloyd's Rep 494

Carriage by sea - Limitation of liability -Damage to goods - Unauthorized carriage of goods on deck - Vessel encountered rough weather - Goods on deck damaged - Whether carrier could rely on exceptions or limitations contained in Hague Rules - Quantum of damages

THAI-EUROPE TAPIOCA SERVICE LTD. v. SEINE NAVIGATION CO. INC. (THE “MARITIME WINNER”)

[1989] 2 Lloyd's Rep 506

Arbitration - Injunction - Delay in prosecution - Damage to vessel and cargo by fire - Dispute referred to arbitration six years later - Two years three months later plaintiffs informed of settlement negotiations with cargo-owners - Two years later points of claim served - Whether arbitration abandoned by mutual consent - Whether defendants estopped from proceeding with arbitration - Whether defendants’ right to invite arbitrators to make award had lapsed - Whether plaintiffs entitled to injunction restraining defendants from proceeding with arbitration - Whether plaintiffs entitled to invoke powers of court under ss. 1 and 25 of Arbitration Act 1950 to invoke arbitrator’s authority and order that arbitration agreement cease to have effect.

ITEX SHIPPING PTE. LTD. v. CHINA OCEAN SHIPPING CO. (THE “JING HONG HAI”)

[1989] 2 Lloyd's Rep 522

Arbitration - Award-Dispute under charter-party referred to arbitration - Settlement agreement - Charterers to make payments to owners - Payments not made - Owners requested arbitrators to make award in respect of first, second and third payments - Whether arbitrators’ appointment valid - Whether arbitration tribunal improperly constituted.

T. M. NOTEN B.V. v. PAUL CHARLES HARDING

[1989] 2 Lloyd's Rep 527

Insurance (Marine) - Inherent vice - Industrial leather gloves shipped from Calcutta to Rotterdam - On out-turn gloves found to be wet, stained, mouldy and discoloured - Whether damage caused by inherent vice - Whether insurers entitled to rely on inherent vice exclusion.

GRAANHANDEL T. VINK B.V. v. EUROPEAN GRAIN & SHIPPING LTD.

[1989] 2 Lloyd's Rep 531

Sale of goods - Rejection - Sale of Ethiopian Nigerseed expellers - Buyers rejected goods for misdescription - Whether rejection unequivocal - Whether buyers entitled to recover price paid - Whether buyers entitled to damages.

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

[1989] 2 Lloyd's Rep 536

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.

DAVID DOBSON v. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION PLC

[1989] 2 Lloyd's Rep 549

Insurance (Contents) - Theft - Plaintiff advertised his ring and watch for sale - Plaintiff agreed to accept building society cheque in payment - Building society cheque a stolen cheque and therefore worthless - Whether loss of ring and watch amounted to theft - Whether plaintiff could claim under policy - Theft Act, 1968.

THE “VISHVA AJAY”

[1989] 2 Lloyd's Rep 558

Admiralty practice - Stay of action - Forum non conveniens - Collision between plaintiffs’ vessel and defendants’ vessel at port in India - Plaintiffs founded jurisdiction in England by arresting sister ship - Whether India more appropriate forum - Whether action should be stayed.

X v. Y AND Y ESTABLISHMENT

[1989] 2 Lloyd's Rep 561

Practice - Jurisdiction - Application to set aside - Plaintiffs provided banking facilities to defendants - Defendants defaulted in making payments - Plaintiffs obtained leave to serve originating summons out of jurisdiction and injunction freezing defendants’ account in London - Whether Court had jurisdiction to make orders - whether originating summons and service thereof should be set aside - Whether injunction should be discharged - Civil Jurisdiction and Judgments Act, 1982 s. 25.

SHEARSON LEHMAN HUTTON INC. AND ANOTHER v. MACLAINE WATSON & CO. LTD., J. H. RAYNER (MINCING LANE) LTD. AND OTHERS

[1989] 2 Lloyd's Rep 570

Sale of Goods - Non-performance - Future contracts for purchase and sale of tin - Financial collapse of International Tin Council - LME suspended trading in tin - LME introduced new rule M - Whether LME had power to suspend existing contracts - Whether rule M valid - Whether breach of contracts induced - Whether plaintiffs entitled to damages.

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