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MARIDA LTD AND OTHERS v OSWAL STEEL AND OTHERS (THE "BIJELA")

[1994] 2 Lloyd's Rep 1

General average - Cost of temporary repairs - Vessel grounded causing damage to bottom plating - Temporary repairs effected - General average declared - Whether owners entitled to claim contribution from cargo-owners for cost of temporary repairs - York-Antwerp Rules 1974.

NESTE CHEMICALS S.A. AND OTHERS v. D K LINE S.A. AND TOKUMARU KAIUN K.K. (THE “SARGASSO”)

[1994] 2 Lloyd's Rep 6

Admiralty practice - Application to set aside - Jurisdiction - Carriage of goods by sea - Cargo contaminated - English and Dutch proceedings brought - Whether English Court first seised of proceedings - Whether English and Dutch proceedings involved same cause of action and between same parties - Whether English Court should decline jurisdiction and set aside writ - Civil Jurisdiction and Judgments Act, 1982.

PREKOOKEANSKA PLOVIDBA v. FELSTAR SHIPPING CORPORATION AND SETRAMAR Srl. AND STC SCANTRADE A.B. (THIRD PARTY) (THE “CARNIVAL”)

[1994] 2 Lloyd's Rep 14

Negligent navigation - Damage to vessel and cargo - Plaintiffs’ vessel being moored at Setramar berth at Ravenna - Defendants’ vessel proceeded past plaintiffs’ vessel - Plaintiffs’ vessel and cargo damaged by fender penetrating plating - Whether defendants’ vessel negligently navigated - Whether plaintiffs guilty of contributory negligence - Whether plaintiffs failed to take steps to mitigate amount of damage caused. Charter-party (Voyage) - Unsafe berth - Damage to vessel and cargo - Charterers ordered vessel to Ravenna - Vessel being moored alongside Setramar berth - Defendants’ vessel proceeded past plaintiffs’ vessel - Damage to plaintiffs’ vessel and cargo caused by fender penetrating plating - Whether Setramar berth an unsafe berth - Contribution between defendants - Civil Liability (Contribution) Act, 1978.

CARIBBEAN GENERAL INSURANCE LTD v FRIZZELL INSURANCE BROKERS LTD

[1994] 2 Lloyd's Rep 32

Practice — Discovery — “Unless” order — Plaintiffs alleged negligence by defendants in placing excess of loss reinsurance — Unless order made against plaintiffs for specifi c discovery — Plaintiffs failed to comply with order — Whether time for compliance with order should have been extended — Whether judgment entered in default should be restored.

THE “VARNA” (No. 2)

[1994] 2 Lloyd's Rep 41

Admiralty practice - Stay of action - Dispute under charter-party - Proceedings brought in Bulgaria and England - Lis alibi pendens - Whether Bulgaria more appropriate forum for trial of action - Whether English action should be stayed.

DAVAL ACIERS D’USINOR ET DE SACILOR AND OTHERS v. ARMARE SRL (THE “NERANO”)

[1994] 2 Lloyd's Rep 50

Bill of lading - Arbitration clause - Incorporation - Stay of action - Plaintiffs not charterers of vessel - Bill of lading incorporated “all terms and conditions . . . and arbitration clause of the Charterparty” - Dispute between defendants and plaintiffs - Whether bill of lading incorporated arbitration clause - Whether defendants entitled to stay action.

SOKANA INDUSTRIES INC. AND OTHERS v. FREYRE & CO. INC. AND ANOTHER

[1994] 2 Lloyd's Rep 57

Practice - Application to set aside - Dispute referred to arbitration in England - Defendants brought proceedings in Florida - Plaintiffs served originating summons out of jurisdiction - Whether plaintiffs claim for final injunctive relief within s. 12(6) - Whether service out of jurisdiction should be set aside - R.S.C., O. 73, r. 7 - Arbitration Act, 1950, s. 12(6).

GILL & DUFFUS S.A. v. RIONDA FUTURES LTD.

[1994] 2 Lloyd's Rep 67

Sale of goods (c.i.f.) - Demurrage - Notice of readiness - Validity of documents tendered - Dispute under contract of sale - Whether buyers liable for demurrage - Whether valid notice of readiness given - Whether sellers failed to make contractual tender of documents - Whether defendants liable under contract of guarantee.

THE BANK OF BARODA v. THE VYSYA BANK LTD.

[1994] 2 Lloyd's Rep 87

Banking - Unconfirmed credit - Authorization to claim reimbursement withdrawn - Whether contract between issuing bank and confirming bank made within jurisdiction - Whether contract made by agent residing within jurisdiction - Whether Court had jurisdiction to grant leave to serve writ out of jurisdiction - R.S.C. O. 11, r. 1(1)(d).

ROADWORKS (1952) LTD. v. J. R. CHARMAN AND OTHERS

[1994] 2 Lloyd's Rep 99

Insurance (Marine) - Non-disclosure - Leading underwriter clause - Underwriters agreed to insure barge provided LSA approved towing and beaching arrangements - LSA refused approval of beaching arrangements - Waiver of LSA condition - Whether leading underwriter as agent could waive LSA approval - Whether underwriters bound by second slip - Circuity of action - Whether plaintiffs could claim under first slip.

COPPÉE-LAVALIN S.A./N.V. v. KEN-REN CHEMICALS AND FERTILIZERS LTD. (IN LIQUIDATION IN KENYA). VOEST ALPINE AKTIENGESELLSCHAFT v. KEN-REN CHEMICALS AND FERTILIZERS LTD. (IN LIQUIDATION IN KENYA)

[1994] 2 Lloyd's Rep 109

Arbitration - Security for costs - I.C.C. arbitration - Contract for supply of chemical plant in Kenya - Disputes to be referred to International Chamber of Commerce - Defendants in liquidation - Whether plaintiffs could apply for security for costs in I.C.C. arbitration - Arbitration Act, 1950 s. 12(6).

HUNT (NOW SEVERS) v. SEVERS

[1994] 2 Lloyd's Rep 129

Damages - Personal injury - Nursing care - Plaintiff seriously injured in road accident as a result of defendant’s negligence - Defendant voluntarily assisted in plaintiff’s care - Whether plaintiff’s entitled to claim compensation in damages for such care as provided by defendant.

COHEN AND OTHERS v. BARAM

[1994] 2 Lloyd's Rep 138

Arbitration - Award - Costs - Order for costs made by Beth Din - Costs of arbitrators to be paid equally by parties - Whether Beth Din proper plaintiffs - Propriety of award - Whether O. 73 and Arbitration Acts applicable - Whether defendant had a valid counterclaim - R.S.C., O. 73 - Arbitration Act 1979.

GULF BANK K.S.C. v. MITSUBISHI HEAVY INDUSTRIES LTD. (No. 2)

[1994] 2 Lloyd's Rep 145

Banking - Guarantee - Indemnity - Advance payment guarantee and counter indemnity issued in respect of supply of plant to Kuwait Ministry - Negotiations for resumption of contract after Iraq evicted from Kuwait failed - Whether defendants liable to indemnify bank for payments made by bank under payment guarantee.

GUARDIAN OCEAN CARGOES LTD., TRANSORIENT SHIP CARGOES LTD., MIDDLE EAST AGENTS S.A.L. AND MED LINE S.A. v. BANCO DO BRASIL S.A. (Nos 1 and 3)

[1994] 2 Lloyd's Rep 152

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.

CHANNEL ISLAND FERRIES LTD. v. CENARGO NAVIGATION LTD. (THE “ROZEL”)

[1994] 2 Lloyd's Rep 161

Charter-party (Bareboat) - Redelivery - Assessment of damages - Entablature of generator repaired by charterers in course of charter - Owners alleged repairs affected class - Whether owners entitled to notional cost of replacing entablature - Correct measure of damages to be applied. Arbitration - Award - Costs - Arbitrators ordered charterers to pay own costs and half owners’ costs of reference and costs of award to be apportioned three-fourths/one-fourth in favour of owner - Whether arbitrator had erred in awarding costs.

EFFORT SHIPPING CO. LTD. v. LINDEN MANAGEMENT S.A. AND ANOTHER (THE “GIANNIS NK”)

[1994] 2 Lloyd's Rep 171

Cargo - Dangerous cargo - Shipper’s liability - Cargo of ground-nuts shipped at Dakar infested with Khapra beetle - Cargo jettisoned at sea - Whether infestation originated in ground-nut cargo shipped under charter - Whether Khapra beetle already on board vessel when ground-nut cargo shipped - Whether cargo dangerous by reason of presence of Khapra beetle - Whether shippers’ liable - Bills of Lading Act 1855, s. 1.

K/S STAMAR v. SEABOW SHIPPING LTD. (THE “ANDREAS P”)

[1994] 2 Lloyd's Rep 183

Sale of ship - Norwegian Saleform - Alleged breaches - Buyers contended that at time of delivery vessel failed to satisfy requirements of contract - Whether items of work carried out to comply with recommendations made by classification society before vessel delivered - Whether such costs recoverable from sellers.

THE LLOYD’S LITIGATION: THE MERRETT, GOODA WALKER AND FELTRIM CASES

[1994] 2 Lloyd's Rep 193

Negligence - Duty of care - Lloyd’s litigation - Names alleged agents negligent in conducting Names’ underwriting affairs at Lloyd’s - Whether agents under duty to exercise reasonable skill and care - Whether duty extra-contractual.

133. THE AGENCY AGREEMENTS BYELAW

[1994] 2 Lloyd's Rep 211

TRIAD SHIPPING CO. v. STELLAR CHARTERING & BROKERAGE INC. (THE “ISLAND ARCHON”)

[1994] 2 Lloyd's Rep 227

Charter-party(Time) - Indemnity - Implied term - Owners incurred loss in complying with charterers’ orders - Whether owners entitled to be indemnified by charterers for such loss - Whether term should be implied. Arbitration - Jurisdiction - Cargo claims - Whether reference to arbitration in respect of “cargo claims” wide enough to cover claims owners wished to advance - Whether claims included claims in respect of which arbitrator refused leave to amend - Whether claims abandoned - Whether owners entitled to an indemnity from charterers.

E.E. CALEDONIA LTD. (formerly OCCIDENTAL PETROLEUM (CALEDONIA) LTD.) v. ORBIT VALVE CO. PLC

[1994] 2 Lloyd's Rep 239

Contract - Construction - Indemnity clause - Contract to overhaul gas valves on Piper Alpha platform - Disastrous fire on platform - Service engineer died - Whether plaintiffs’ right to indemnity included consequences of plaintiffs’ negligence - Whether indemnity covered breach of statutory duty - Whether engineer’s death caused by performance of contract.

MITSUBISHI ELECTRIC UK LTD. v. ROYAL LONDON INSURANCE (UK) LTD. AND OTHERS

[1994] 2 Lloyd's Rep 249

Insurance (Building works) - Deductible clause - Construction - Deductible of $250,000 each and every loss from any defective component part - Defect in floor of 94 toilet modules - Whether claim arose from one defective component - Whether deductible applied to each damaged module.

THE “SKYRON” AND “HEL”

[1994] 2 Lloyd's Rep 254

Collision - Passing vessels - Collision in North Sea - Both vessels partly to blame for collision - Issues as to time of collision, speed of vessels and visibility - Apportionment of blame.

SA SUCRE EXPORT v. NORTHERN RIVER SHIPPING LTD. (THE “SORMOVSKIY 3068”)

[1994] 2 Lloyd's Rep 266

Bill of lading - Misdelivery - Breach - Conversion - Delivery to Commercial Sea Port at Vyborg without production of bills of lading - Whether defendants in breach - Whether delivery in accordance with customs, practice and procedure of port - Whether CSP agent of plaintiffs under English law - Whether defendants entitled to demurrage.

PARTENREEDEREI M/S “HEIDBERG” AND VEGA REEDEREI FRIEDRICH DAUBER v. GROSVENOR GRAIN AND FEED CO. LTD., UNION NATIONALE DES COOPERATIVES AGRICOLES DE CEREALES AND ASSURANCES MUTUELLES AGRICOLES (THE “HEIDBERG”)

[1994] 2 Lloyd's Rep 287

Bill of lading - Incorporation - Arbitration clause - Vessel chartered for carriage of grain - Vessel collided with jetty and fire broke out on board - Cargo damaged - Claim by cargo interests - Whether amended Centrocon arbitration clause incorporated into bill of lading. Conflict of laws - Proper law - Bill of lading - Incorporation of arbitration clause - Dispute between owners and cargo interests - Owners brought action in France - French Court decided arbitration clause not incorporated - Whether Court bound by Brussels Convention to recognize French decision - Whether question of incorporation to be determined by English or French law.

CHILEWICH PARTNERS v. M.V. ALLIGATOR FORTUNE AND OTHERS

[1994] 2 Lloyd's Rep 314

Bill of lading - Misdelivery - Breach - Delivery of goods to bonded warehouse without production of bills of lading - Whether carriers properly delivered goods - Whether carriers liable as bailees of goods.

ALISTAIR GRAHAM JOHN BROWN v. GUARDIAN ROYAL EXCHANGE ASSURANCE PLC.

[1994] 2 Lloyd's Rep 325

Practice - Discovery - Legal professional privilege - Insured solicitor sued for negligence - Solicitors acted for insured - Insured claimed under professional indemnity insurance - Insurers asked for discovery of solicitors’ file during period solicitors acting for insured - Whether terms on which solicitors instructed precluded insured from asserting legal professional privilege against insurers.

REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA (MINISTRY OF DEFENCE) v. INDIA STEAMSHIP CO. LTD. (THE “INDIAN GRACE”) (No. 2)

[1994] 2 Lloyd's Rep 331

Admiralty practice - Res judicata - Waiver - Estoppel - Carriage by sea - Damage to goods - Judgment obtained in India - Action brought in England - Whether plaintiffs’ action barred by res judicata under s. 34 - Whether defendants waived rights or were estopped from relying on s. 34-Civil Jurisdiction and Judgments Act, 1982 s. 34. Admiralty practice - Actions in rem and personam - Res judicata - Carriage by sea - Damage to goods - Judgment obtained in action in personam in India - Action in rem brought in England - Whether English action barred by res judicata under s. 34 - Whether proceedings in English action brought on same cause of action between same parties as proceedings in India - Whether English proceedings should be struck out - Civil Jurisdiction and Judgments Act, 1982, s. 34.

UNITED NATIONS/FOOD AND AGRICULTURE ORGANISATION-WORLD FOOD PROGRAMME v. CASPIAN NAVIGATION INC. (THE “JAY GANESH”)

[1994] 2 Lloyd's Rep 358

Charter-party (Voyage) - Notice of readiness - Laytime - Commencement - Vessel gave notice of readiness - Vessel delayed by non-availability of berth and infestation of insects requiring fumigation - Whether notice of readiness valid - Whether shipowners entitled to claim demurrage.

MARC RICH & CO. A.G. v. BEOGRADSKA PLOVIDBA (THE “AVALA”)

[1994] 2 Lloyd's Rep 363

Arbitration - Arbitrator - Award - Error of law - Remission - Dispute under charter - Arbitrator awarded damages for detention - Arbitrator recorded as common ground that charterers not entitled to benefit of freight actually earned - Whether arbitrator erred - Whether award should be varied or remitted.

CHIMIMPORT PLC v. G D’ALESIO SAS (THE “PAOLA D’ALESIO”)

[1994] 2 Lloyd's Rep 366

Arbitration - Arbitrator - Jurisdiction - Dispute under charter referred to arbitration - Settlement agreement entered into - Whether validity of settlement agreement to be determined by arbitrator - Whether settlement agreement terminated arbitration - Whether bill of lading abrogated - Whether defendants could maintain tortious claims - Further directions - Whether arbitration void and arbitrator had no jurisdiction or power to act.

BP CHEMICALS LTD. v. KINGDOM ENGINEERING (FIFE) LTD.

[1994] 2 Lloyd's Rep 373

Arbitration - Award - Error of law - Reasons - Application to remit - Whether reasons formed part of award - Whether arbitrator erred in awarding interest - Whether award should be remitted.

LEOND MARITIME INC. v. MC AMETHYST SHIPPING LTD. (THE “ANNA L”)

[1994] 2 Lloyd's Rep 379

Practice - Writ - Application to set aside - Writ suffered from procedural difficulties - Writ issued in name of wrong plaintiffs - Service of writ effected on defendants’ managers - Whether service should stand - Whether amendment to correct name of plaintiffs should be allowed - Whether validity of writ should be extended - Whether writ and all proceedings should be set aside.

GIDRXSLME SHIPPING CO. LTD. v. TANTOMAR TRANSPORTES MARITIMOS LDA.

[1994] 2 Lloyd's Rep 392

Practice - Mareva injunction - Disclosure order - Disputes under charter referred to arbitration - Awards in favour of owners - Owners obtained Mareva injunction and disclosure order - Scope of Mareva injunction confined to assets within jurisdiction - Whether jurisdiction to order affidavit of charterers’ assets outside jurisdiction.

METAL SCRAP TRADE CORPORATION v. KATE SHIPPING CO. LTD. (THE “GLADYS”) (No. 2)

[1994] 2 Lloyd's Rep 402

Sale of ship - Binding contract - Arbitration agreement - Negotiations for sale of ship - Defendants refused to proceed with sale - Whether binding contract of sale came into existence before defendants withdrew - Whether contract contained arbitration agreement.

WAHDA BANK v. ARAB BANK PLC

[1994] 2 Lloyd's Rep 411

Conflict of law - Proper law - Performance bond, advance payment guarantee and counter guarantee given in respect of contracts for supply of equipment and spares to Libya - Claim on counter guarantee - Whether proper law of counter guarantee Libyan law - Whether defendants entitled to leave to defend - R.S.C., O. 14.

RICHARD HUGHES v. VAIL BLYTH CLEWLEY (THE “SIBEN”)

[1994] 2 Lloyd's Rep 420

Sale of yacht - Section 30 order - Discharge - Contract between plaintiff and defendant for sale of yacht - Plaintiff alleged breach of contract and misrepresentation - Plaintiff obtained order prohibiting defendant from dealing with yacht for one year - whether plaintiff mere personal creditor - whether order should be discharged - Merchant Shipping Act, 1894, s. 30.

PAN ATLANTIC INSURANCE CO. LTD. AND ANOTHER v. PINE TOP INSURANCE CO. LTD.

[1994] 2 Lloyd's Rep 427

Reinsurance - Non-disclosure - Misrepresentation - Renewal invited based on loss record for 1977-1979 years - Whether plaintiffs failed to disclose material facts - Whether position misrepresented - Whether additional losses for year 1980-1981 should have been disclosed - Whether reinsurers entitled to avoid policy for misrepresentation and non-disclosure.

THE LLOYD’S LITIGATION: THE MERRETT, GOODA WALKER AND FELTRIM CASES

[1994] 2 Lloyd's Rep 468

Negligence - Duty of care - Lloyd’s litigation - Names alleged agents negligent in conducting Names’ underwriting affairs at Lloyd’s - Whether agents under duty to exercise reasonable skill and care - Whether duty extra-contractual.

MEDITERRANEAN FREIGHT SERVICES LTD. v. BP OIL INTERNATIONAL LTD. (THE “FIONA”)

[1994] 2 Lloyd's Rep 506

Carriage by sea - Dangerous cargo - Unseaworthiness - Carriage of cargo of fuel oil - Explosion occurred while vessel preparing to discharge - Whether explosion occurred because fuel oil contaminated with residues from previous cargoes - Whether owners consented to shipment of dangerous cargo - Whether owners failed to exercise due diligence to make vessel seaworthy - Hague-Visby Rules, art. III, rr. 1, 2, art. IV, r. 6. Unseaworthiness - Carriage by sea - Carriage of cargo of fuel oil - Explosion occurred while vessel preparing to discharge - Whether vessel unseaworthy - Whether owners failed to remove residues of previous condensate cargo from vessel - Whether owners failed to ensure that heating coils did not leak - Hague-Visby Rules art. III, rr. 1, 2, art. IV, r. 6.

OCARINA MARINE LTD. AND OTHERS v. MARCARD STEIN & CO.

[1994] 2 Lloyd's Rep 524

Practice - Writ - Application to set aside - Jurisdiction - Loan agreement, assignment of earnings and deed of charges entered into between German bank and Liberian shipowners - Documents contained English jurisdiction clause - Whether English Court had jurisdiction to hear action against German bank - Whether writ should be set aside - Civil Jurisdiction and Judgments Act, 1982, arts. 2, 5(1), 17.

DET DANSKE HEDESELSKABET v. KDM INTERNATIONAL PLC

[1994] 2 Lloyd's Rep 534

Practice - Interrogatories - Application for withdrawal - Sale of perishable goods - Dispute as to whether damage caused by inherent defect in goods or delay - Interrogatories served - Whether interrogatories properly answered - Whether application to withdraw should be granted.

KUWAIT PETROLEUM CORPORATION v. I & D OIL CARRIERS LTD. (THE “HOUDA”)

[1994] 2 Lloyd's Rep 541

Charter-party (Time) - Off-hire - Iraq invaded Kuwait - Charterers’ offices moved to London - Delay by owners in carrying out charterers’ orders - Whether vessel off hire - Whether loss of time caused by breach of charter by owners - Whether owners acted reasonably - Whether cargo could be discharged without presentation of bill of lading. Bill of lading - Non-presentation - Delivery orders - Iraq invaded Kuwait - Time charterers ordered discharge of cargo without presentation of bills of lading - Whether order lawful - Whether owners bound to comply with order.

IP METAL LTD. v. RUOTE OZ S.p.A. (No. 2)

[1994] 2 Lloyd's Rep 560

Practice - Leave to appeal - Contract - Breach - Plaintiffs claimed damages - Defendants applied to stay action - Jurisdiction clause within art. 17 of Brussels Convention - Stay refused - Whether Judge erred - Whether leave to appeal should be granted - Civil Jurisdiction and Judgments Act, 1982, art. 17.

C. T. BOWRING & CO. (INSURANCE) LTD. v. CORSI PARTNERS LTD.

[1994] 2 Lloyd's Rep 567

Practice - Security for costs - Inquiry into damages - Action by plaintiffs for balance due from defendant in respect of insurance and reinsurance business - Mareva injunction discharged by consent - Defendant claimed damages under plaintiffs’ cross-undertaking in Mareva injunction - Whether order for security for costs should be made against defendants.

THE “SAN NICOLAS” AND “FRATERNITY L”

[1994] 2 Lloyd's Rep 582

Collision - Passing vessels - Liability - Collision in access channel to port of Buenos Aires - Whether either or both vessels to blame for collision - Apportionment of blame.

THE “ANGELIC SPIRIT” AND “Y MARINER”

[1994] 2 Lloyd's Rep 595

Collision - Crossing vessels - Liability - Collision off west coast of California - Alterations of course by vessels - Poor lookout - Liability for collision - Apportionment of liability.

WESTLAND HELICOPTERS LTD. v. ARAB ORGANISATION FOR INDUSTRIALISATION

[1994] 2 Lloyd's Rep 608

Practice - Garnishee nisi - Application to set aside - Arbitration award in favour of creditor - Creditor obtained garnishee orders against debtors’ deposits at banks - Whether intervenors true owners of deposits - Whether garnishee nisi orders should be set aside. Conflict of laws - Garnishee nisi - Application to set aside - Arbitration award in favour of creditors - Creditors obtained garnishee orders against debtors’ deposits at bank - Whether interveners true owners of deposits - Whether debtors’ existence constitution and authority governed by Egyptian law - Whether proper law public international law - Whether garnishee nisi orders should be set aside.

COASTAL (BERMUDA) PETROLEUM LTD. v. VTT VULCAN PETROLEUM S.A. (No. 2) (THE “MARINE STAR”)

[1994] 2 Lloyd's Rep 629

Sale of goods (C.i.f.) - Non-delivery - Assessment of damages - Defendants non-delivery caused plaintiffs’ breach with third party - Plaintiffs claimed loss of profits and loss of yield - Whether available market - Whether loss of profit within parties assumed contractual contemplation - Whether plaintiffs liable for loss of yield incurred by third party

Lloyd's Law Reports