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HISCOX v. OUTHWAITE

[1991] 2 Lloyd's Rep 1

Arbitration - Award - Convention award - Dispute under reinsurance contract - Final award signed in France - Plaintiffs initiated proceedings against award - Whether a Convention award - Whether proceedings could be entertained by High Court - Whether defendant estopped from asserting award not subject to Arbitration Acts 1950 and 1979 - Arbitration Act 1950, s. 22, Arbitration Act 1979, s. 1, Arbitration Act 1975, ss. 3, 5.

KURT A. BECHER G.m.b.H. & Co. K.G. v. ROPLAK ENTERPRISES S.A. ROPLAK ENTERPRISES S.A. v. TRADAX OCEAN TRANSPORTATION S.A. (THE “WORLD NAVIGATOR”)

[1991] 2 Lloyd's Rep 23

Sale of goods (f.o.b.) - Loading obligation - Demurrage - Cargo of maize to be shipped f.o.b. Rosario - Vessel delayed due to congestion and documents not being in order - Whether sellers in breach of obligation to load - Whether buyers entitled to demurrage.

LEGAL AND GENERAL ASSURANCE SOCIETY LTD. v. DRAKE INSURANCE CO. LTD (T/A. DRAKE MOTOR POLICIES AT LLOYD’S)

[1991] 2 Lloyd's Rep 36

Insurance (Motor) - Contribution - Double insurance - Insured covered by plaintiffs and defendants - Injuries caused to pedestrian - Plaintiffs settled claim - Whether plaintiffs could claim contribution from defendants - Construction of rateable proportion clause.

UNION TRANSPORT PLC. v. CONTINENTAL LINES S.A. AND CONTI LINES S.A. (TRADING AS CROSS AM LINES)

[1991] 2 Lloyd's Rep 48

Practice - Jurisdiction - Contract - Validity - Defendants denied contract concluded - Whether place of performance London - Whether action should have been brought in country of defendants’ domicile - Whether service of writ should be set aside - Whether Court had jurisdiction - Civil Jurisdiction and Judgments Act, 1982, Schedule 1 art. 5(1).

CORFU NAVIGATION CO. AND BAIN CLARKSON LTD. v. MOBIL SHIPPING CO. LTD. AND ZAIRE S.E.P. AND PETROCA S.A. (THE “ALPHA”)

[1991] 2 Lloyd's Rep 52

Practice - Security for costs - Vessel grounded in circumstances giving rise to general average sacrifices and expenditures - Cargo-owners alleged loss arose through actionable fault of shipowners - Whether cargo-owners entitled to security for costs of the action - R.S.C., O. 23, r. 1.

STATE TRADING CORPORATION OF INDIA v. DOYLE CARRIERS INC. AND OTHERS (THE “JUTE EXPRESS”)

[1991] 2 Lloyd's Rep 55

Admiralty practice - General average - Collision gave rise to general average expenditure - Plaintiffs’ contribution to general average assessed - Plaintiffs alleged vessel not manned by competent crew - Carriers counterclaimed general average contribution -Whether plaintiffs should have leave to defend counterclaim - Whether carriers entitled to judgment for fixed sum - Whether damages should be assessed.

THE “APJ SHALIN”

[1991] 2 Lloyd's Rep 62

Admiralty practice - Arrest of vessel - Application for release - Dispute under shipbuilding contracts - Plaintiffs arrested defendants’ vessel to obtain security for claim - Defendants alleged value of vessel did not exceed value of other claims which took priority over plaintiffs’ claims - Whether application for release of vessel should be granted.

GUARDIAN OCEAN CARGOES LTD., TRANSORIENT SHIP CARGOES LTD., MIDDLE EAST AGENTS S.A.L. AND MED LINES S.A. v. BANCO DO BRASIL S.A.

[1991] 2 Lloyd's Rep 68

Banking - Ship finance - Negotiations between plaintiffs and bank for refinancing of vessel - Plaintiffs paid three instalments to bank - Whether moneys paid conditional on conclusion of refinancing deal - Whether plaintiffs entitled to recover moneys so paid - Whether parol evidence rule applied.

UNION INTERNATIONAL INSURANCE CO. LTD. v. JUBILEE INSURANCE CO. LTD.

[1991] 2 Lloyd's Rep 89

Practice - Jurisdiction - Bermudan plaintiff claimed against Kenyan defendants under retrocessional agreement - Plaintiffs obtained leave ex parte to serve writ on defendants out of jurisdiction - whether O. 11 only applicable where principal trading out of jurisdiction was defendant - Whether Court had jurisdiction - R.S.C., O. 11, r. 1(1)(d)(ii).

RICHCO INTERNATIONAL LTD. v. BUNGE & CO. LTD. BUNGE & CO. LTD. v. TRADAX OCEAN TRANSPORTATION S.A. (THE “NEW PROSPER”)

[1991] 2 Lloyd's Rep 93

Sale of goods (f.o.b.) - Nomination of vessel - Contract for sale and purchase of Australian barley - Buyers nominated vessel - Sellers rejected nomination as uncontractual - Whether rejection justified - Whether nomination clause a condition.

GENERAL FEEDS INC. v. BURNHAM SHIPPING CORPORATION (THE “AMPHION”)

[1991] 2 Lloyd's Rep 101

Charter-party (Voyage) - Dangerous cargo - Anti-oxidant treated bagged fishmeal carried from Peru to China - Cargo being unloaded - Smell of burning reported at hatch no. 3 - Shipowners incurred “increased costs of discharge” - Whether cargo conformed to contractual description - Whether shipowners accepted risk of heating in improperly treated fishmeal - Whether shipowners entitled to damages.

THE “GEORGE C. LEMOS”

[1991] 2 Lloyd's Rep 107

ENIMONT OVERSEAS A.G. v. RO JUGOTANKER ZADAR (THE “OLIB”)

[1991] 2 Lloyd's Rep 108

Charter-party (Voyage) - Application to set aside - Economic duress - Plaintiffs failed to take delivery of cargo - Defendants refused to deliver cargo unless plaintiffs made certain payments - Settlement agreement entered into - Plaintiffs alleged defendants exercised economic duress - Whether plaintiffs could recover moneys paid to defendants - Whether action should be stayed.

UNITRAMP S.A. v. JENSON & NICHOLSON (S) PTE LTD. (THE “BAIONA”)

[1991] 2 Lloyd's Rep 121

Arbitration - Limitation of time - Appointment of arbitrator - Application for extension of time - Claim for demurrage under charter-party - Delay of about two months in appointing arbitrator - Whether undue hardship suffered if time not extended - Whether application for extension of time should be granted - Arbitration Act, 1950 s. 27.

PAUL SMITH LTD. v. H & S INTERNATIONAL HOLDING INC.

[1991] 2 Lloyd's Rep 127

Arbitration - Validity - Licensing agreement - Plaintiffs alleged defendants failed to pay royalties on time and terminated agreement - Defendants (requested arbitration under ICC Rules - Whether arbitration agreement valid - Whether defendants entitled to stay action brought by plaintiffs - Whether plaintiffs entitled to injunction restraining defendants from pursuing arbitration proceedings - Whether plaintiffs entitled to judgment under R.S.C., O. 14.

LARK AND OTHERS v. OUTHWAITE AND OTHERS

[1991] 2 Lloyd's Rep 132

Reinsurance - Contract - Run-off reinsurance treaty - Asbestos claims in United States - Establishment of Wellington Agreement - Letters between brokers and defendants - Whether defendants’ reply an acceptance of brokers’ offer or counter offer - Whether intent to create legal relations - Whether defendants estopped from denying liability.

COMPAGNIA TIRRENA DI ASSICURAZIONI S.p.A. v. GRAND UNION INSURANCE CO. LTD.

[1991] 2 Lloyd's Rep 143

Reinsurance - Construction of slip - Defendants failed to pay any claims - Allegations of breach of premium warranty - Defendants sent demands for premiums - Whether defendants affirmed contracts - Whether defendants precluded from relying on breaches of premium warranties.

DILLON AND OTHERS v. BALTIC SHIPPING CO. (THE “MIKHAIL LERMONTOV”)

[1991] 2 Lloyd's Rep 155

Contract - Carriage by sea - Limitation clauses - Plaintiff a passenger on defendants’ cruise ship - Due to negligent navigation vessel sank - Plaintiff claimed damages - Plaintiff signed release document - Whether ticket terms and conditions part of contract - Whether release void ab initio - Whether plaintiff entitled to damages - Quantum - Australia.

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

[1991] 2 Lloyd's Rep 191

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.

THE “PO”

[1991] 2 Lloyd's Rep 206

Admiralty practice - Stay of action - Jurisdiction - Forum non conveniens - Collision between American ship and Italian ship in Rio de Janiero - Whether English Court had jurisdiction - Whether action should have been brought in Italy - Whether Brazil more appropriate forum - Civil Jurisdiction and Judgments Act, 1982.

THE “MOUNA”

[1991] 2 Lloyd's Rep 221

Admiralty practice - Writ - Validity of extension - Application to discharge - Plaintiffs’ solicitors issued writ but did not serve it - Negotiations between parties - Writ expired before it was served and plaintiffs obtained extension - Whether order extending validity of writ should be discharged.

TOUCHE ROSS & CO. AND OTHERS v. COLIN BAKER

[1991] 2 Lloyd's Rep 230

Insurance (Professional Indemnity) - Discovery extension cover - Defendants gave notice of refusal to renew line - Plaintiffs claimed discovery extension cover - Whether such claim could only be made if all participating underwriters refused to renew.

HANCOCK SHIPPING CO. LTD. v. KAWASAKI HEAVY INDUSTRIES LTD. (THE “CASPER TRADER”)

[1991] 2 Lloyd's Rep 237

Practice - Pleadings - Leave to amend - Repairs and modifications to ship carried out - Shortly thereafter vessel became a constructive total loss - Plaintiffs alleged contract for repairs included general conditions and claimed damages and indemnity - Whether leave to amend pleadings to include allegations of breach of duty contractual or otherwise and negligence should be granted.

CHISWELL SHIPPING LTD AND LIBERIAN JAGUAR TRANSPORTS INC v. NATIONAL IRANIAN TANKER CO. THE “WORLD SYMPHONY” AND “WORLD RENOWN”

[1991] 2 Lloyd's Rep 251

Charter-party (Time) - Redelivery - Charterers ordered vessel on final voyage - Vessel redelivered late - Whether charterers entitled to order vessel to perform last voyage - Whether owners entitled to damages for late redelivery. Charter-party (Time) - Breach - Charterers delayed in paying sums due under charter to owners - Owners alleged they suffered loss of interest as result of delay - Whether owners entitled to damages.

ISLAMIC REPUBLIC OF IRAN SHIPPING LINES v. ZANNIS COMPANIA NAVIERA S.A. (THE “TZELEPI”)

[1991] 2 Lloyd's Rep 265

Charter-party (Voyage) - War risks insurance - Reimbursement of war risk premium - Charterers placed insurance at request of owners and paid premiums - Charterers claimed reimbursement - Owners disputed insured value for hull and machinery cover and war risks premium on crew - Whether charterers entitled to reimbursement.

INDUSTRIEBETEILIGUNGS & HANDELSGESELLSCHAFT v. MALAYSIAN INTERNATIONAL SHIPPING CORPORATION BERHAD (THE “BUNGA MELAWIS”)

[1991] 2 Lloyd's Rep 271

Arbitration - Award - Remission - Leave to appeal - Dispute under charter as to non-payment of hire - Charterers relied on contractual deductions from and set-offs against hire - Arbitrators made interim award in favour of owners - Charterers alleged procedural mishap - Whether award should be remitted - Whether leave to appeal against award should be granted.

ALEKO MARITIME CO. LTD. v. WOODHOUSE DRAKE & CAREY SUISSE S.A. (THE “MARY”)

[1991] 2 Lloyd's Rep 277

Carriage by sea - Sale of cargo of rice - Cargo originally consigned to Ministry of Defence in Somalia - Purported head representative of Somalia to the United Nations instructed vessel to carry cargo to West Africa - Instructions challenged by other Somali interests - Vessel about to arrive at Abidjan - Defendants applied for cargo to be sold - Whether application should be granted.

NATIONAL OIL CO OF ZIMBABWE (PRIVATE) LTD AND OTHERS v. NICHOLAS COLLWYN STURGE

[1991] 2 Lloyd's Rep 281

Insurance (Marine) - Exclusion clause - Damage caused to pipeline and oil tank farm in Mozambique causing losses of gas and mogas - Whether loss caused by civil war, rebellion or insurrection and therefore excluded from policy cover - Whether insurers liable.

STONE VICKERS LTD. v. APPLEDORE FERGUSON SHIPBUILDERS LTD.

[1991] 2 Lloyd's Rep 288

Insurance (Marine) - Subrogation - Shipbuilding risks insured - Express term in insurance contract that underwriters should have no recourse against co-assured - Plaintiff sub-contractors supplied propeller - Propeller defective - Insurers settled defendant shipbuilders’ claim - Whether plaintiffs co-assured - Whether plaintiffs had interest in subject matter of insurance - Whether plaintiffs entitled to be protected against subrogated claim.

LENTEN v. M.A.F.F.

[1991] 2 Lloyd's Rep 305

Practice - Appeal against sentence - Appellant convicted of two offences - Appellant fined and fishing net forfeited on first charge and fined and catch forfeited on second charge - Whether penalty exceeded what was appropriate for crimes committed.

ELPIS MARITIME CO. LTD. v. MARTI CHARTERING CO. INC. (THE “MARIA D”)

[1991] 2 Lloyd's Rep 311

Charter-party (Voyage) - Demurrage - Guarantee of payment clause - Broker signed charter on behalf of charterers - Subsequent signatures not qualified - Whether brokers bound by guarantee clause - Whether owners entitled to summary judgment.

GEOGAS S.A. TRAMMO GAS LTD. (THE “BALEARES”)

[1991] 2 Lloyd's Rep 318

Charter-party(Voyage) - Cancellation - Vessel and substitute vessel unable to meet e.t.a. and cancelling dates - Arbitrators held charterers entitled to recover loss caused by increase in market price due to “hype” - Judge held damages irrecoverable - Leave to appeal refused - Whether leave to appeal should be granted - Arbitration Act 1979 s.1(7)(b).

BAIN CLARKSON LTD. v. THE OWNERS OF THE SHIP “SEA FRIENDS”

[1991] 2 Lloyd's Rep 322

Admiralty practice - Arrest of vessel - Plaintiff insurance brokers incurred liability in respect of hull insurance - Whether plaintiffs entitled to arrest vessel - Whether plaintiffs’ claim a claim as agent in respect of disbursements made on account of ship - Supreme Court Act, 1981, s. 20(2)(p).

CLIFFORD CHANCE (A PARTNERSHIP) v. OWNERS OF THE VESSEL “ATLANTIC TRADER”

[1991] 2 Lloyd's Rep 324

THE “REWIA”

[1991] 2 Lloyd's Rep 325

Carriage by sea - Stay of action - Forum conveniens - Plaintiffs claimed damages for short delivery -Whether carrier a proper or necessary party to action -Whether carrier domiciled and principle place of business in Germany - Whether Germany more appropriate forum - Whether action should be stayed -Civil Jurisdiction and Judgments Act, 1982, Schedule 1, arts. 2, 17.

ANONIMA PETROLI ITALIANA S.p.A. AND NESTE OY v. MARLUCIDEZ ARMADORA S.A. (THE “FILIATRA LEGACY”)

[1991] 2 Lloyd's Rep 337

Bill of lading - Short delivery - Title to sue - Sale of cargo of oil on c.i.f. terms by second plaintiffs to first plaintiffs - First plaintiffs alleged short delivery -Whether first plaintiffs had title to sue - Whether missing oil retained on board - Whether lost in refinery - Whether plaintiffs entitled to damages.

ATLAS MARITIME CO. S.A. v. AVALON MARITIME LTD. (THE “CORAL ROSE”) (NO. 3)

[1991] 2 Lloyd's Rep 374

Practice - Mareva - injunction - Variation - Respondents obtained variation to injunction to enable legal fees and expenses to be paid - whether injunction should have been varied.

ATLAS MARITIME CO. S.A. v. AVALON MARITIME LTD. (THE “CORAL ROSE”)(NO. 2)

[1991] 2 Lloyd's Rep 382

PRINCES BUITONI LTD. v. HAPAG-LLOYD AKTIENGESELLSCHAFT AND ANOTHER

[1991] 2 Lloyd's Rep 383

Bill of lading - Construction - North America Europe Services Short Form Bill of Lading - Loss of container between Felixstowe and Liverpool - Whether liability should be dealt with under cl. 2(b) (3) or (5) of bill of lading.

THE “LU SHAN”

[1991] 2 Lloyd's Rep 386

Admiralty practice - Leave to re-amend writ -Collision between vessels - Part of cargo of oil lost - Dispute as to ownership of cargo - Application to re-amend writ to include additional plaintiffs more than five years after collision - Whether application should be granted - R.S.C., O. 15, r. 6.

EXERCISE SHIPPING CO. LTD. v. BAY MARITIME LINES LTD. (THE “FANTASY”)

[1991] 2 Lloyd's Rep 391

Charter-party (Time) - Damage to cargo - Containers stowed on deck - Vessel encountered adverse weather - Stow of containers shifted - Damage caused to containers and vessel - Whether owners liable - Whether cargo carried “at charterers risk”.

K/S PENTA SHIPPING A/S v. ETHIOPIAN SHIPPING LINES CORPORATION (THE “SAGA COB”)

[1991] 2 Lloyd's Rep 398

Charter-party (Time) - Safe port - Vessel traded between Assab and Massawa - Charterers ordered vessel to Massawa - Vessel attacked by Eritrean guerillas - Owners claimed loss suffered by them as a result of casualty - Whether Massawa a safe port.

SUN ALLIANCE PENSIONS LIFE & INVESTMENTS SERVICES LTD. v. RJL AND ANTHONY WEBSTER

[1991] 2 Lloyd's Rep 410

Insurance (Life) - Guarantee - Plaintiffs employed company as agents to market plaintiffs’ life assurance policies - Plaintiffs made loans and paid advance commission to company - Directors of company guaranteed repayment of loan and advance commission - Company defaulted - Whether directors personally liable - Whether directors entitled to rely on company’s set-off in respect of plaintiffs’ breaches of collateral oral agreement.

SMIT TAK OFFSHORE SERVICES AND OTHERS v. YOUELL AND GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION PLC.

[1991] 2 Lloyd's Rep 420

Insurance (Marine) - Indemnity - Umbrella liability policy - Plaintiffs operating in Dubai waters - Associate company of plaintiffs rendered salvage service to vessel - Vessel anchored outside Dubai territorial waters but sank - Dubai port authorities threatened plaintiffs with withdrawal of licence unless wreck removed - Whether insurers liable to indemnify plaintiffs for costs of removal.

HISCOX v. OUTHWAITE

[1991] 2 Lloyd's Rep 435

Arbitration - Award - Convention award - Dispute under reinsurance contract - Final award signed in France - Plaintiffs initiated proceedings against award - Whether a Convention award - Whether proceedings could be entertained by High Court - Whether defendant estopped from asserting award not subject to Arbitration Acts 1950 and 1979 - Arbitration Act 1950, s. 22, Arbitration Act 1979, s. 1, Arbitration Act 1975, ss. 3, 5.

BANKERS TRUST CO. v. STATE BANK OF INDIA

[1991] 2 Lloyd's Rep 443

Banking - Letter of credit - Rejection of document for discrepancies - Whether time taken to examine documents exceeded reasonable time - Whether permissible for plaintiffs to consult and or release documents to the buyers - Whether plaintiffs failed to give notice of rejection - Whether plaintiffs’ telex should have stated documents being held at disposal of defendants - UCP art. 16.

THE “MACIEJ RATAJ”

[1991] 2 Lloyd's Rep 458

Carriage by sea - Stay of action - Forum non conveniens - Damage to goods - Actions brought in Rotterdam and England -Whether proceedings in Rotterdam involved same cause of action as proceedings in England - Whether action should be stayed - Whether Rotterdam more appropriate forum - Civil Jurisdiction and Judgments Act, 1982.

ABU DHABI NATIONAL TANKER CO. v. PRODUCT STAR SHIPPING LTD. (THE “PRODUCT STAR”) (No. 2)

[1991] 2 Lloyd's Rep 468

Charter-party (Time) - Repudiation - Unsafe port - Iran-Iraq war - Vessel ordered to load at Ruwais - Owners considered port to be dangerous - Whether owners entitled to disregard charterers’ orders - Whether Ruwais dangerous - Whether owners wrongfully repudiated charter - Damages.

ANTCLIZO SHIPPING CORPORATION v. FOOD CORPORATION OF INDIA (THE “ANTCLIZO”) (No. 2)

[1991] 2 Lloyd's Rep 485

Charter-party (Voyage) - Demurrage - Vessel arrived at Bombay - Whether vessel “entered at Custom House” - Whether vessel legally ready to discharge when notice of readiness tendered. Charter-party (Voyage) - Freight - Clause requiring balance to be paid on “settlement” - Proper construction of word “settlement” - Date when owners’ action accrued. Arbitration - Charter-party (Voyage) - Interest - Dispute under charter-party referred to arbitration - Arbitrator declined to award interest for period 1975-1983 - Whether issue res judicata - Whether an abuse of process of Court for arbitrator to decide as he did - Whether arbitrator guilty of technical misconduct in failing to award interest.

ABU DHABI NATIONAL TANKER CO. v. PRODUCT STAR SHIPPING LTD. (THE “PRODUCT STAR”)

[1991] 2 Lloyd's Rep 508

Practice - Discovery - Dispute under charter-party - Owners applied for discovery of documents - Documents in possession of third party and disclosure refused - Whether charterers acted as agents of third party in chartering vessels - Whether proceedings should be stayed if documents not disclosed.

CORFU NAVIGATION CO. AND BAIN CLARKSON LTD. v. MOBIL SHIPPING CO. LTD. ZAIRE S.E.P. AND PETROCA S.A. (THE “ALPHA”)

[1991] 2 Lloyd's Rep 515

General average - Damage to vessel - Vessel went aground north of entrance to Zaire river - Engine and auxiliaries run in attempt to refloat vessel - Damage caused to engines by overheating - Ship’s interests claimed general average contribution - Whether damage to vessel a general average sacrifice - Whether cargo interests liable to contribute to general average.

HISCOX AND OTHERS v. OUTHWAITE AND OTHERS (No. 3)

[1991] 2 Lloyd's Rep 524

Reinsurance - Construction - Asbestos claims in United States - Wellington Agreement entered into - Dispute as to quantification of liabilities - Whether reinsurers bound to follow reinsureds’ agreement to settle original claim - Whether payments made under Wellington Agreement payments “in settlement of losses” - Whether reinsured could rely on estoppel.

FLYING COLOURS FILM CO. LTD. v. ASSICURAZIONI GENERALI S.p.A. AND OTHERS

[1991] 2 Lloyd's Rep 536

Insurance (Film Producers Indemnity) - Exclusion clause - Insurance indemnified plaintiffs against loss sustained by postponement of film production - Whether loss of directors’ and producers’ fees excluded by policy - Whether claim in respect of mark-up recoverable - Whether insurance varied to include such claim.

HEINRICH HIRDES G.m.b.H. AND ANOTHER v. EDMUND SAME v. PEEK PUCKLE (INTERNATIONAL) LTD. AND OTHERS

[1991] 2 Lloyd's Rep 546

Insurance (Marine) - Construction - Insured vessel suffered damage in collision on July 16, 1982 - Plaintiffs claimed under policy - Underwriters alleged policy expired July 15, 1982 - Whether phrase in policy “until July 16, 1982” inclusive.

HANCOCK SHIPPING CO. LTD. v. DEACON & TRYSAIL (PRIVATE) LTD. AND ANOTHER (THE “CASPER TRADER”)

[1991] 2 Lloyd's Rep 550

Contract - Indemnity - Defendants supplied riding repair technicians on plaintiffs’ vessel - Vessel caught fire and became constructive total loss - Whether plaintiffs revised general terms incorporated into contract - Whether plaintiffs entitled to an indemnity.

HISCOX v. OUTHWAITE (No. 2)

[1991] 2 Lloyd's Rep 553

DRESSER UK LTD. AND OTHERS v. FALCONGATE FREIGHT MANAGEMENT LTD. AND OTHERS

[1991] 2 Lloyd's Rep 557

Practice - Jurisdiction - Seisure of English Court - Loss of goods at sea - Plaintiffs claimed damages against carriers - Whether Court bound or entitled to decline jurisdiction - When English Court first seised of action - Whether defendants entitled to stay action - Civil Jurisdiction and Judgments Act, 1982, arts. 17, 21 and 22.

ALLTRANS INC. (FORMERLY TRANS FREIGHT LINES INC.) v. INTERDOM HOLDINGS LTD. AND JOHNSON STEVENS AGENCIES LTD. TOM BAX-STEVENS AND DEREK W. JOHNSON

[1991] 2 Lloyd's Rep 571

Practice - Mareva injunction - Application to discharge - Jurisdiction - Parallel Dutch proceedings brought in Holland by defendants - Mareva injunction granted against plaintiffs - Whether Court had jurisdiction to grant injunction - Whether injunction should be discharged.

HITCHENS (HATFIELD) LTD. v. PRUDENTIAL ASSURANCE CO. LTD.

[1991] 2 Lloyd's Rep 580

Insurance (Contractors Combined) - Construction - Landslip - Plaintiffs claimed for loss or damage caused by landslip - Whether costs of correcting defective design excluded under policy - Whether defendants had to prove negligence or personal failure.

BANK OF CRETE S.A. v. KOSKOTAS AND OTHERS

[1991] 2 Lloyd's Rep 587

Practice - Discovery of documents - Application to set aside - Mareva injunction - Defendants ordered to instruct Swiss bank to disclose account documents for purposes of plaintiffs’ Mareva application - Defendants abandoned opposition to injunction - Whether order should be set aside.

THE “NORDIC FERRY”

[1991] 2 Lloyd's Rep 591

Collision - Liability - Collision between plaintiffs’ vessel and defendants’ vessel in area over which Harwich Harbour Board had jurisdiction - Whether vessels being navigated at safe speed - Whether vessel keeping to own side of channel - Liability for collision - Apportionment of liability.

ELLIS SHIPPING CORPORATION v. VOEST ALPINE INTERTRADING (THE “LEFTHERO”)

[1991] 2 Lloyd's Rep 599

Charter-party (Voyage) - Demurrage - Exception clause - Iran-Iraq war -Vessel delayed by discharging at Bushire instead of charter-party destination - Owners entitled to rely on “restraint of princes” for non-delivery of vessel at charter-party destination - Whether clause protected charterers from liability for demurrage. Charter-party (Voyage) - Freight - Right and true delivery of cargo - Vessel discharged at Bushire instead of charter-party destination - Whether right and true delivery of cargo - Whether owners entitled to balance of freight.

RIDGEWAY MARITIME INC. v. BEULAH WINGS LTD. AND DR. TUNJI BRAITHWAITE (THE “LEON”)

[1991] 2 Lloyd's Rep 611

Charter-party (Time) - Repudiation - Charter fixed as between brokers - Charterers repudiated charter - Whether brokers alleged to be acting for charterers authorized to conclude charter - Whether second defendant procured charterers’ breach of charter-party - Liability for damages.

ROSSEEL N.V. v. ORIENTAL COMMERCIAL & SHIPPING CO. (U.K.) LTD. AND OTHERS

[1991] 2 Lloyd's Rep 625

Arbitration - Award - Enforcement - New York Convention award - Arbitration found in favour of plaintiffs - Effect of Joint Stipulations on enforceability of award - Whether award binding - Whether enforceable in England - Whether leave to serve out of jurisdiction on third defendants should be set aside.

MICROFINE MINERALS AND CHEMICALS LTD AND WALKER CHEMIE G.m.b.H. v. TRANSFERRY SHIPPING CO. LTD

[1991] 2 Lloyd's Rep 630

Carriage by road - CMR - Limitation of time - Rejection of claim - Whether rejection clear and unambiguous - Whether “documents” in art. 32(2) meant original documents only - Whether defendants estopped from asserting that suspension of limitation period at an end - CMR, art. 32(2)

INDIAN OIL CORPORATION v. VANOL INC.

[1991] 2 Lloyd's Rep 634

Sale of goods (c.i.f.) - Limitation of time - Dispute as to non-delivery - Clauses in contract contained conflicting provisions as to disputes arising under the contract - Whether plaintiffs’ claim time barred.

HARVEST TRUCKING CO. LTD. v. P. B. DAVIS T/A. P. B. DAVIS INSURANCE SERVICES

[1991] 2 Lloyd's Rep 638

Insurance Intermediary - Professional negligence - Intermediary arranged road haulier goods in transit cover - Clause in policy that no claim admitted if vehicle not individually attended - Theft of lorry and goods from plaintiffs warehouse at night - Insurers denied liability - Whether intermediary negligent in failing to obtain proper cover and in failing to notify plaintiffs of the “individually attended clause and its effects.

REGINA v. SECRETARY OF STATE FOR TRANSPORT EX PARTE FACTORTAME LTD. AND OTHERS (NO.3)

[1991] 2 Lloyd's Rep 648

Practice - European Community law - Registration of vessels - Merchant Shipping Act created new register of British fishing vessels - Only vessels fulfilling conditions to be registered - Whether Act compatible with Community law - Merchant Shipping Act 1988 - Merchant Shipping (Registration of Fishing Vessels) Regulations 1988.

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