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CETO SHIPPING CORPORATION v SAVORY SHIPPING INC (THE "VICTOR 1")
[2023] 2 Lloyd's Rep 1
Charterparty (bareboat) – Hire paid under fixed-term charterparty – Title to transfer at end of charterparty provided hire and fees paid to ship manager – Unpaid sums disputed by charterer – Barecon 2001 – Senior Courts Act 1981, section 20(2)(h).
DORE AND ANOTHER v EASYJET AIRLINE CO LTD
[2023] 2 Lloyd's Rep 9
Aviation – Passengers – Delay and compensation – Dispute resolution – Airline's terms and conditions providing that claim must first be submitted to online portal – Passengers’ compliance with such terms and conditions before commencing court action – Use of online dispute resolution system – Features of online dispute resolution system – Evidence – Where contents of online form managed by defendant and not available to claimant required – Regulation (EC) No 261/2004 (as amended by Part 4, section 8 of the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019).
PORALU MARINE AUSTRALIA PTY LTD v MV DIJKSGRACHT
[2023] 2 Lloyd's Rep 18
Contracts (carriage of goods by sea) – Formation – Fixture recap email – Email providing that terms to be otherwise as per booking note including rider clauses – Option to request bill of lading – Sea waybill subsequently issued – Whether sea waybill superseding prior concluded contract – Booking note in the nature of charterparty – Terms – Paramount clause – Which limitation regime applicable – Himalaya clause – Authority to enter into Himalaya clause for shipowner – Australian Hague Rules – Hague-Visby Rules, article 10.
DAN-BUNKERING (SINGAPORE) PTE LTD v THE SHIP "YANGTZE FORTUNE"
[2023] 2 Lloyd's Rep 59
Admiralty – Judicial sale of ship pendente lite – Crew members on board at anchorage for three months with wages unpaid for at least six weeks – Owner not provisioning ship – Shipowner not defending proceedings or opposing sale – Ship appearing to be abandoned – Condition of ship deteriorating – Caveats against release from arrest – Costs of maintaining vessel escalating – Admiralty Rules 1988 (Cth), rules 69 and 70.
JTI POLSKA SP Z O O AND OTHERS v JAKUBOWSKI AND OTHERS
[2023] 2 Lloyd's Rep 64
Carriage (road) – Carrier's liability for excise duty – Cargo stolen at a service station in the course of carriage by road – Treaty interpretation – Meaning of “other charges incurred in respect of the carriage of the goods” – Vienna Convention on the Law of Treaties 1969 – Convention on the Contract for the International Carriage of Goods by Road 1956, article 23.4 – Carriage of Goods by Road Act 1965.
MV PACIFIC PEARL CO LTD v NYK ORPHEUS CORP AND ANOTHER (THE "PANAMAX ALEXANDER", THE "NYK ORPHEUS" AND THE "NYK FALCON")
[2023] 2 Lloyd's Rep 83
Collision – Fault – Vessel moored in Suez Canal awaiting towage following incident – Convoy passing – Mooring lines lost and ship swinging out into the channel – Safe speed – Apportionment of blame – Quantum – Collision Regulations Rules 2, 5, 6, 7, 8 and 18(a) – Suez Canal Authority Rules, article 59(3) and (7) – Merchant Shipping Act 1995, section 187.
BRIGGS MARINE CONTRACTORS LTD v BAKKAFROST SCOTLAND LTD
[2023] 2 Lloyd's Rep 119
Arbitration – Separability – Contracts – Frustration – Oral agreement or oral variation to existing contract – Wreck fixed contract – Dispute arising out of or in connection with wreck removal contract – One-stop approach – Close causal connection.
PHILIPP v BARCLAYS BANK UK PLC
[2023] 2 Lloyd's Rep 125
Banking – Fraud – “Authorised push payment” (APP) – Customer instructing bank to make payments to fraudster – Whether bank owed duty of care – Authority of agent – Whether duty to seek to recover money paid to fraudster.
PORT DE DJIBOUTI SA v DP WORLD DJIBOUTI FZCO
[2023] 2 Lloyd's Rep 149
Arbitration – Jurisdiction – Loss of right to object – Arbitration Act 1996, sections 30, 67 and 73.
OCM SINGAPORE NJORD HOLDINGS HARDRADA PTE LTD AND OTHERS v GULF PETROCHEM FZC
[2023] 2 Lloyd's Rep 177
Contracts (Letters of indemnity) – Letter of indemnity issued for the discharge of a cargo of hydrocarbons – Authority to sign letter of indemnity – Actual authority – Apparent authority – Ratification – Financial impossibility – Permission to amend defence – Summary judgment.
OWNERS OF THE VESSEL "JEIL CRYSTAL" v OWNERS OF THE CARGO LATELY LADEN ONBOARD "JEIL CRYSTAL"
[2023] 2 Lloyd's Rep 190
Admiralty – Ship arrest – Ship arrested based on non-existent claim – Claim amended – Nature of warrant of arrest – Effect of amendment to statement of claim on warrant of arrest issued prior to amendment – Status of warrant of arrest following amendment to statement of claim – Importance of supporting affidavit – Rules of Court (2014 Rev Ed).
SMIT SALVAGE BV AND OTHERS v LUSTER MARITIME SA AND ANOTHER (THE MV "EVER GIVEN")
[2023] 2 Lloyd's Rep 201
Salvage – Contract negotiations – Contract for technical services in connection with salvage of vessel – Whether contract concluded – Parties’ intention to be bound – International Convention on Salvage 1989.
GRAVELOR SHIPPING LTD v GTLK ASIA M5 LTD AND ANOTHER
[2023] 2 Lloyd's Rep 239
Charterparty (demise) – Financing bareboat charterparty with purchase option upon termination – Registered vessel owners’ group of companies subject to sanctions – Termination of charterparty – Purchase option subject to payment of outstanding sums – Registered owner's duty to make demand for payment – Nomination of bank account for payment where sanctions applied – Effect of payment by charterer to bank observing sanctions – Specific performance of obligations under charterparties – Whether damages an adequate remedy.
LLC EUROCHEM NORTH-WEST-2 v TECNIMONT SPA AND ANOTHER
[2023] 2 Lloyd's Rep 259
Arbitration – Anti-suit injunction – Intervention in third-party proceedings – Whether intervention was breach of the injunction – Whether intervention was breach of arbitration clause.
NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER
[2023] 2 Lloyd's Rep 279
Arbitration – Jurisdiction – Determination by judge that right to appeal was not lost by waiver – Permission to appeal not sought from judge – Whether Court of Appeal had jurisdiction to grant permission to appeal – Arbitration Act 1996, sections 67 and 73.
INFRASTRUCTURE SERVICES LUXEMBOURG SÀRL AND ANOTHER v KINGDOM OF SPAIN
[2023] 2 Lloyd's Rep 299
Arbitration – International Centre for Settlement of Investment Disputes (ICSID) – European Union Energy Charter Treaty 1994 – Enforcement of award – Jurisdiction – Sovereign immunity – Non-disclosure – Arbitration (International Investment Disputes) Act 1966 – State Immunity Act 1978 – Vienna Convention – CPR Part 62.
TRAFIGURA PTE LTD v TKK SHIPPING PTE LTD (THE "THORCO LINEAGE")
[2023] 2 Lloyd's Rep 338
Limitation of liability – Package limitation – Cargo owner incurring salvage charges and on-shipment costs following casualty – Carrier's right to limit liability for claims for economic loss – Delay – Determination of a preliminary point of law – Arbitration Act 1996, section 45 – Hague-Visby Rules, article IV, rule 5(a).
EMIRATES SHIPPING LINE DMCEST v GOLD STAR LINE LTD
[2023] 2 Lloyd's Rep 359
Arbitration – Jurisdiction – Shipping line negotiating entry into liner consortium and simultaneously purchasing slots – Liability under slot purchase agreement – Whether one contract or two – Terms of slot purchase agreement – Whether liner consortium terms applied – Whether arbitration clause in liner consortium terms applied – Estoppel – Promissory estoppel – Estoppel by convention – Estoppel by acquiescence – Duty to speak – Arbitration Act 1996, section 67.
TECHNIP SAUDI ARABIA LTD v MEDITERRANEAN AND GULF COOPERATIVE INSURANCE AND REINSURANCE CO
[2023] 2 Lloyd's Rep 371
Insurance (liability) – Maritime construction project – Co-insurance – Effect of settlement reached without consent of insurers – Meaning of “Existing Property” exclusion – Quantum.
ETERNITY SKY INVESTMENTS LTD v ZHANG
[2023] 2 Lloyd's Rep 419
Arbitration – Enforcement of award – Whether arbitration clause unfair – Consumer Rights Act 2015, sections 2, 62, 63 and 74 – Arbitration Act 1996, section 103.
FASTFREIGHT PTE LTD v BULK TRIDENT SHIPPING LTD (THE "ANNA DOROTHEA")
[2023] 2 Lloyd's Rep 446
Charterparty (trip time) – Off hire – Charterparty stipulating no deductions from hire – Meaning of “deduction” – Whether payment obligation absolute or charterers permitted to make deductions – BIMCO's infectious or contagious disease clause – NYPE 1993.
FIMBANK PLC v KCH SHIPPING CO LTD (THE "GIANT ACE")
[2023] 2 Lloyd's Rep 457
Contracts (bills of lading) – Misdelivery – Claim for misdelivery occurring after discharge – Time bar – Whether Hague-Visby Rules time bar extinguished claims for misdelivery of cargo after discharge from the vessel – Contractual application of Hague-Visby Rules – Period between discharge and delivery – Implied terms – “Carver implied term” – Hague-Visby Rules, article III rule 6.
CZECH REPUBLIC v DIAG HUMAN SE AND ANOTHER
[2023] 2 Lloyd's Rep 475
Arbitration – Appeal against award – Security for costs – Security for award – Arbitration Act 1996, sections 70(6) and (7).
DEUTSCHE BANK AG, LONDON BRANCH v CENTRAL BANK OF VENEZUELA
[2023] 2 Lloyd's Rep 486
Arbitration – Sovereign immunity – Waiver – Appointment of receiver – State Immunity Act 1978, sections 1, 9 and 13 – Arbitration Act 1996, section 44.
LMH v EGK
[2023] 2 Lloyd's Rep 495
Arbitration – Serious irregularity – Failure to deal with all issues – Evidence – Error in award – Arbitration Act 1996, sections 52, 57, 68, 70 and 73.
PAYWARD INC AND OTHERS v CHECHETKIN
[2023] 2 Lloyd's Rep 507
Arbitration – Enforcement of award – Whether arbitration clause unfair – Consumer Rights Act 2015, sections 2, 63 and 74 – Financial Services and Markets Act 2000 – Arbitration Act 1996, section 103.
FAMILYMART CHINA HOLDING CO LTD v TING CHUAN (CAYMAN ISLANDS) HOLDING CORPORATION
[2023] 2 Lloyd's Rep 529
Arbitration – Stay of proceedings – Winding-up petition – Whether arbitration clause inoperative for disputes between shareholders – Stay of winding-up petition – Case management – Arbitration Act 1996, section 9.
JOL AND ANOTHER v JPM
[2023] 2 Lloyd's Rep 556
Arbitration – Interim relief from court – Whether court should order return of vessels – Arbitration Act 1996, sections 38 and 44.
REPUBLIC OF MOZAMBIQUE v PRIVINVEST SHIPBUILDING SAL (HOLDING) AND OTHERS
[2023] 2 Lloyd's Rep 564
Arbitration – Stay of judicial proceedings – Meaning of a “matter” to be referred to arbitration – Relationship between “matter” and arbitration clause – Arbitration Act 1996, section 9.
COMMERZBANK AG v RUSCHEMALLIANCE LLC
[2023] 2 Lloyd's Rep 587
Arbitration – Anti-suit injunction – Arbitration with seat in France – Whether English court should grant anti-suit injunction – Senior Courts Act 1981, section 37 – CPR 6.36 and 6.37 – CPR Practice Direction 6B.
DEUTSCHE BANK AG v RUSCHEMALLIANCE LLC
[2023] 2 Lloyd's Rep 600
Arbitration – Anti-suit injunction – Arbitration with seat in France – Whether English court should grant anti-suit injunction – Senior Courts Act 1981, section 37 – CPR 6.37 – CPR Practice Direction 6B.
TRAFIGURA MARITIME LOGISTICS PTE LTD v CLEARLAKE SHIPPING PTE LTD: CLEARLAKE CHARTERING USA INC AND ANOTHER v PETROLEO BRASILEIRO SA (THE “MIRACLE HOPE”) (NO 4)
[2023] 2 Lloyd's Rep 610
Contracts – Letters of indemnity – Voyage charterparty – Discharge without presentation of bills of lading – Voyage charterparty clause providing for deemed indemnity – Implied deemed indemnity – Commercial common sense – Novation – Quantum.
GLOBAL AEROSPARES LTD v AIREST AS
[2023] 2 Lloyd's Rep 639
Arbitration – Request for arbitration – Validity of notice of arbitration – Appointment of arbitrator – Whether appointment procedure failed – Arbitration Act 1996, sections 7, 14, 16, 18 and 77.
HULLEY ENTERPRISES LTD AND OTHERS v THE RUSSIAN FEDERATION
[2023] 2 Lloyd's Rep 648
Arbitration – Recognition and enforcement of award – Tribunal ruling in favour of jurisdiction over claim against Russia – Challenge to award on jurisdictional grounds dismissed by the Dutch courts – Whether Dutch ruling created issue estoppel in English enforcement proceedings – State Immunity Act 1978 – Civil Jurisdiction and Judgments Act 1982, section 31.
LAST BUS LTD (TRADING AS DUBLIN COACH) v DAWSONGROUP BUS AND COACH LTD AND ANOTHER
[2023] 2 Lloyd's Rep 666
Hire-purchase – Exclusion clause – Reasonableness – Supply of Goods (Implied Terms) Act 1973, section 10 – Unfair Contract Terms Act 1977, sections 3 and 11.
LORD AND OTHERS v KINSELLA AND OTHERS
[2023] 2 Lloyd's Rep 677
Arbitration – Serious irregularity – Error of law – Effect of “interim award” – Date of award – Extension of time for appeal – Arbitration Act 1996 sections 47, 52, 57, 58, 68, 69 and 70.