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THE "THOMASEVERETT"

[1981] 1 Lloyd's Rep 1

Collision - Crossing vessels - Collision occurred in Gulf of Thailand - Whether alteration of course negligent - Liability for collision - Apportionment.

STOLOS COMPANIA S.A. v. AJAX INSURANCE CO. LTD. (THE "ADMIRAL C")

[1981] 1 Lloyd's Rep 9

Insurance (Marine) - Custom - Term in policy that claims to be collected through brokers - Vessel lost by peril of sea - Brokers in liquidation - Whether dealings between insurance brokers and plaintiff on "in-account" basis - Whether direct claim by plaintiff against defendants excluded - Whether defendants had good defence to plaintiffs' claim.

THE "ALEXA"

[1981] 1 Lloyd's Rep 11

Admiralty practice - Writ - Service out of jurisdiction - Ex parte application by plaintiffs for leave to serve out of jurisdiction - Admiralty Registrar refused unless further information provided on affidavit - Whether Admiralty Registrar's decision wrong in principle - Whether this a proper case for service out of jurisdiction.

THE "FALCON"

[1981] 1 Lloyd's Rep 13

Admiralty practice - Arrest of vessel - Cost of maintaining vessel under arrest - Cargo-owners arrested vessel already arrested by mortgagees - Whether cargo-owners required to contribute towards costs of maintaining vessel under arrest - Whether such expenses should be recoverable from proceeds of sale of the vessel as first priority charge.

SL SETHIA LINERS LTD. v. NAVIAGRO MARITIME CORPORATION (THE "KOSTAS MELAS")

[1981] 1 Lloyd's Rep 18

Charter-party (Time) - Hire - Non-payment - Whether charterers could set off certain claims against hire - Dispute referred to arbitration - Interim award in favour of owners - Whether arbitrators had acted unfairly - Whether award should be set aside or remitted - Whether leave to appeal against award should be granted. Arbitration - Arbitrators - Power to make interim award - Whether arbitrators had acted unfairly in proceeding to an interim award - Whether award should be set aside - Whether leave to appeal against award should be granted.

GULF SHIPPING LINES LTD. v. JADRANSKA SLOBODNA PLOVIDBA (THE "MATIJA GUBEC")

[1981] 1 Lloyd's Rep 31

Charter-party (Time) - Arbitration - Delay in conduct of arbitration proceedings - Whether object of arbitration frustrated - Whether time limit in Limitation Act, 1939 applied to claims against charterer under charter-party - Whether delay caused prejudice - Whether application for stay should be granted - Whether writ claiming same relief as in arbitration should be struck out - New York Produce Exchange form.

MMECEN S.A. v. INTER RO-RO S.A. AND GULF RO-RO SERVICES S.A. (THE "SAMAH" AND "LINA V")

[1981] 1 Lloyd's Rep 40

Charter-party (Time) - Breach - Negotiations by telex - Owners refused to proceed - Whether telexes constituted binding charter - Owners' agent signed charter without owners' approval - Whether agent had ostensible authority to sign charter - Whether additional terms incorporated in charter.

TROPWOOD A.G. OF ZUG v. JADE ENTERPRISES LTD. (THE "TROPWIND")

[1981] 1 Lloyd's Rep 45

Charter-party (Time) - Hire - Withdrawal - Charterers deducted estimated costs of bunkers at redelivery - Owners purported to withdraw vessel - Whether charterers entitled to make deductions - Whether vessel withdrawn by owners - Whether owners entitled to payment for use of vessel by charterers after vessel withdrawn.

THE FIRST NATIONAL BANK OF CHICAGO v. THE WEST OF ENGLAND SHIPOWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) (THE "EVELPIDIS ERA")

[1981] 1 Lloyd's Rep 54

Insurance (Marine) - Protection and indemnity risks - Owners assigned benefits of all insurances to bank - Vessel sank - Whether club could set off amount due in respect of calls against any amount due from club - Whether notice of assignment and notice of default given to club prevented set-off from being effected.

KYDON COMPANIA NAVIERA S.A. v. NATIONAL WESTMINSTER BANK LTD. AND OTHERS (THE "LENA")

[1981] 1 Lloyd's Rep 68

Banking - Letter of credit - Sale of ship - Payment to be on presentation and delivery of specified documents - Bank rejected documents as defective - Whether bank entitled to reject documents - Whether plaintiff entitled to be paid under letter of credit.

SCANDINAVIAN TRADING CO. A/B v. ZODIAC PETROLEUM S.A. AND WILLIAM HUDSON LTD. (THE "AL HOFUF")

[1981] 1 Lloyd's Rep 81

Sale of goods (f.o.b.) - Repudiation - Non-shipment - Sellers sold gas oil to buyers - Buyers nominated vessel late - Sellers alleged vessel accepted but for loading Mar. 1 or 2 - Vessel arrived Feb. 27 and sailed Feb. 28 without any cargo - Whether buyers repudiated contract - Whether sellers liable for non-shipment.

ISHAG v. ALLIED BANK INTERNATIONAL, FUHS AND KOTALIMBORA

[1981] 1 Lloyd's Rep 92

Sale of goods - Title to goods - Second defendant alleged that agreement signed under misunderstanding - Whether entitled to rectification - Whether agreement created security over goods in favour of plaintiff - Whether property in goods passed to third defendant - Whether January bill of lading a document of title.

VERHEIJDENS VEEVOEDER COMMISSIEHANDEL B.V. v. I. S. JOSEPH CO. INC.

[1981] 1 Lloyd's Rep 102

Sale of goods - Evidence - Admissibility - Contract for sale of white millet seed - Sampling procedure specified in GAFTA rules - Whether evidence based on samples taken by buyers admissible - GAFTA 30.

MITSUBISHI INTERNATIONAL G.M.B.H. v. BREMER HANDELSGESELLSCHAFT m.b.H.

[1981] 1 Lloyd's Rep 106

Arbitration - Award - Remission - Findings in favour of sellers - Whether tribunal had sufficient evidence to make findings that sellers not liable - Whether award should be remitted.

CASTANHO v. BROWN & ROOT (U.K.) LTD. AND OTHERS

[1981] 1 Lloyd's Rep 113

Practice - Jurisdiction - Notice of discontinuance - Plaintiff began action in English Courts and subsequently began action in American Courts - Plaintiff served notice of discontinuance in English Courts - Whether notice should be struck out - Whether Court had jurisdiction to grant injunction restraining plaintiff from continuing American actions - Whether injunction should be granted - R.S.C., O. 21, 29.

ALPHA TRADING LTD. v. DUNNSHAW-PATTEN LTD.

[1981] 1 Lloyd's Rep 122

Agency - Contract - Commission - Plaintiffs introduced defendants to M - Defendants failed to perform contract with M - Whether plaintiffs entitled to claim commission under agency agreement between plaintiffs and defendants.

ACME TRANSPORT LTD. v. BETTS

[1981] 1 Lloyd's Rep 131

Carriage by road - Non-delivery - Exemption clause - Defendants failed to deliver empty container to plaintiffs - Whether defendants could rely on exemption clause - Whether container a "package" or "parcel" - Road Haulage Association Ltd. Conditions of Carriage.

MODERN ENGINEERING (BRISTOL) LTD. v. C. MISKIN & SON LTD.

[1981] 1 Lloyd's Rep 135

Arbitration - Arbitrator - Removal - Point of law raised in arbitration - Arbitrator proceeded to interim award without hearing argument on point of law - Whether conduct of arbitrator such that he ought to be removed - Whether application for removal should be granted.

THE "STAR OF LUXOR"

[1981] 1 Lloyd's Rep 139

Admiralty practice - Stay of action - Shortage of cargo on delivery - Cargo-owners brought action in England - Bills of lading provided disputes to be heard where carrier had principal place of business, i.e., Egypt - Whether defendants' application for a stay should be granted.

THE "ARZEW"

[1981] 1 Lloyd's Rep 142

Negligence - Fire - Damage to plaintiffs' fishing trawlers - Welding operations being carried out on plaintiffs' trawler - Defendants' tanker discharging gas oil - Oil floating in vicinity of trawlers - Whether oil escaped from tanker - Whether gasoline or gas oil ignited - Whether defendants liable - Whether plaintiffs guilty of contributory negligence.

THE "PANSEPTOS"

[1981] 1 Lloyd's Rep 152

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Cargo-owners brought action in England - Disputes under contract of carriage to be decided by Ethiopian Court - Whether defendants' application for stay should be granted.

CLERCO COMPANIA NAVIERA S.A. v. THE FOOD CORPORATION OF INDIA (THE "SAVVAS")

[1981] 1 Lloyd's Rep 155

Charter-party (Voyage) - Laytime - Calculation - Whether laytime commenced before vessel lightened - Whether laytime calculated on basis of full cargo before lightening.

SANTIREN SHIPPING LTD. v. UNIMARINE S.A. (THE "CHRYSOVALANDOU DYO")

[1981] 1 Lloyd's Rep 159

Charter-party (Time) - Hire - Lien - Charterers paid hire after making deductions for speed claim and estimated bunkers on redelivery - Whether owners entitled to exercise lien upon cargo - Whether charterers deprived of use of vessel - New York Produce Exchange form.

THARROS SHIPPING CO. LTD. v. MITSUBISHI CORPORATION

[1981] 1 Lloyd's Rep 166

Charter-party (Voyage) - Arbitration - Owners claimed demurrage - Arbitrators appointed - Charterers paid owners' claim in full - Arbitrators declined to make award - Whether arbitrators could be ordered to enter award plus interest and costs in favour of owners.

PEARL MARIN SHIPPING A/B v. PIETRO CINGOLANI S.A.S. (THE "GENERAL VALDES")

[1981] 1 Lloyd's Rep 170

Arbitration - Award - Remission - Reasons for award - Whether umpire erred in law - Whether reasons for award formed part of award - Whether award contained error of law on its face - Whether award should be remitted.

SATEF-HUTTENES ALBERTUS S.p.A. v. PALOMA TERCERA SHIPPING CO. S.A. (THE "PEGASE")

[1981] 1 Lloyd's Rep 175

Carriage by sea - Deviation - Shipowners delayed in delivering goods to port of discharge - Receivers allege they suffered loss of profits by reason of delay - Whether owners liable to receivers for damages for loss of profits.

PANALPINA INTERNATIONAL TRANSPORT LTD. v. DENSIL UNDERWEAR LTD.

[1981] 1 Lloyd's Rep 187

Carriage by air - Freight - Non-payment - Late delivery - Nigerian purchaser rejected goods - Whether plaintiffs under obligation to deliver within reasonable time - Whether "delay" actionable - Whether plaintiffs could rely on Warsaw Convention art. 20 - Warsaw Convention, arts. 19, 20.

TETROC LTD. v. CROSS-CON (INTERNATIONAL) LTD.

[1981] 1 Lloyd's Rep 192

Carriage by road - C.M.R. - Agency - Goods arrived in damaged condition - Whether defendants carriers of goods - Whether defendants contracted as principals - Whether defendants could rely on art. 17 - Carriage of Goods by Road Act, 1965 - Convention on Contract of International Carriage of Goods by Road, arts. 3, 17, 18.

THERMO ENGINEERS LTD. AND ANHYDRO A/S v. FERRYMASTERS LTD.

[1981] 1 Lloyd's Rep 200

Carriage by road - C.M.R. - Damage to goods - Journey involved sea crossing - Whether road transport continued until goods secured in ship - Whether provisions of C.M.R. applied - Whether defendants could rely on art. 17 (2) - Whether art. 2 applied - C.M.R. Convention arts. 2, 17 - Carriage of Goods by Road Act, 1965, Schedule.

BREMER HANDELSGESELLSCHAFT m.b.H. v. WESTZUCKER G.m.b.H.

[1981] 1 Lloyd's Rep 207

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Sellers failed to deliver 60 per cent. - Whether sellers could rely on cl. 21 - Whether buyers waived rights to have June bills of lading - Whether sellers liable - Date of default - GAFTA 100.

BREMER HANDELSGESELLSCHAFT m.b.H. v. WESTZUCKER G.m.b.H. (No. 2) WESTZUCKER G.m.b.H. v. BUNGE G.m.b.H.

[1981] 1 Lloyd's Rep 214

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Sellers failed to deliver balance of June shipment - Whether buyers had waived rights - Whether sellers could rely on cl. 21 prohibition clause - GAFTA 100.

BREMER HANDELSGESELLSCHAFT m.b.H. v. FINAGRAIN, COMPAGNIE COMMERCIALE AGRICOLE ET FINANCIERE S.A.

[1981] 1 Lloyd's Rep 224

Sale of goods (c.i.f.) - Non-acceptance - Prohibition of export - Sellers unable to deliver goods with June bills of lading - Whether sellers could rely on cl. 22 - Whether buyers waived defects in force majeure notice - Whether buyers entitled to reject goods - GAFTA 100.

TRADAX EXPORT S.A. v. COOK INDUSTRIES INC.

[1981] 1 Lloyd's Rep 236

Sale of goods (c.i.f.) - Non-acceptance - Prohibition of export - Sellers failed to tender notices of appropriation in respect of June shipment - Whether sellers could rely on cll. 21 and/or 22 of GAFTA 100 - Whether buyers had waived right to object to June shipment - Whether sellers in default - GAFTA 100.

BREMER VULKAN SCHIFFBAU UND MASCHINENFABRIK v. SOUTH INDIA SHIPPING CORPORATION

[1981] 1 Lloyd's Rep 253

Arbitration - Injunction - Delay in prosecuting claims in arbitration - Whether arbitrators had power to dismiss claims for want of prosecution - Whether defendants' inaction repudiatory and arbitration agreement terminated - Whether injunction restraining defendants from proceeding with arbitration should be granted.

LIBRA SHIPPING AND TRADING CORPORATION LTD. v. NORTHERN SALES LTD. (THE "ASPEN TRADER")

[1981] 1 Lloyd's Rep 273

Arbitration - Limitation of time - Charterers failed to appoint arbitrator within time limit - Extension of time refused - Whether delay caused prejudice - Whether Judge exercised discretion on proper principles.

PAGNAN & F.LLI v. COPROSOL S.A.

[1981] 1 Lloyd's Rep 283

Arbitration - Award - Error of law - Technical misconduct - Whether use of word "penalty" in award disclosed error of law on face of sward - Buyers failed to give notice of appeal - Board found inter alia in favour of buyers' claims - Whether sellers given any opportunity to be heard on question of board's discretion.

BLAND v. BRITISH AIRWAYS BOARD

[1981] 1 Lloyd's Rep 289

Carriage by air - Limitation of liability - Loss of suitcase - Insurers paid out in full - Carriers claimed liability limited to total weight of case - Carrier made up suitcase with similar contents and offered to pay on its weight - Whether carrier had to ascertain precise weight of suitcase - Whether insurers could recover full amount - Warsaw Convention, art. 22 (2) (b).

BREMER HANDELSGESELLSCHAFT M.B.H. v. C. MACKPRANG, JR.

[1981] 1 Lloyd's Rep 292

Sale of goods (c.i.f.) - Non-fulfilment - Prohibition of export - Sellers failed to ship balance of June instalment within contract period - Whether sellers could rely upon prohibition and/or force majeure clauses - Buyers rejected notice of appropriation - Whether buyers agreed to delivery out of time - Whether sellers in default - GAFTA 100.

JANOS PACZY v. HAENDLER & NATERMANN G.M.B.H.

[1981] 1 Lloyd's Rep 302

Arbitration - Stay of action - Impecunious claimant unable to bring arbitration proceedings - Whether impecuniosity ground for refusal of stay - Construction of "incapable of being performed" - Whether a party's impecuniosity rendered agreement incapable of performance - I.C.C. Rules of Arbitration, art. 9 - Arbitration Act, 1975, s. 1 (1).

BUTCHER v. DOWLEN

[1981] 1 Lloyd's Rep 310

Insurance (Motor) - Repudiation - Non-disclosure alleged - Insured involved in road accident - Underwriters alleged failure to disclose previous driving offences on proposal form - Whether underwriters entitled to repudiate liability.

REG v. KELLY AND OTHERS (THE "WINSTON CHURCHILL")

[1981] 1 Lloyd's Rep 313

Criminal law - Jurisdiction - Offence of criminal damage committed on foreign ship on high seas by British subjects - Whether English Courts have jurisdiction - Whether offenders "passengers" on board foreign ship - Merchant Shipping Act 1894, s. 686 (1) - Criminal Damage Act, 1971.

CRESTA MARINE LIMITED v. THE OWNERS OF THE SHIP "CAPITAINE LE GOFF" (THE "CAPITAINE LE GOFF")

[1981] 1 Lloyd's Rep 322

Admiralty practice - Expert evidence - Collision by ferry with plaintiffs' jetty - Whether damage claimed caused by collision - Whether claim exaggerated.

DEAR AND SPONG v. SMITH (THE "FORDSON")

[1981] 1 Lloyd's Rep 329

Navigation - Licensed waterman - Respondent not in possession of licence - Seen on the river alone in the wheel-house with passengers on board - Whether respondent navigating vessel - Port of London Watermen & Lightermen Bye-laws, 1965, by-law 4 (1), (2) - Port of London Act, 1968, s. 2 (1).

ROWLINSON CONSTRUCTION LTD. v. INSURANCE COMPANY OF NORTH AMERICA (U.K.) LTD.

[1981] 1 Lloyd's Rep 332

Insurance (Annual Contract Works Policy) - Building contractors' public liability - Exclusion clauses - Non-disclosure - Special clauses - "Special Category Contracts" - Whether damage covered by policy - Whether construction contract a special category contract - Non-disclosure of details under special clause.

CEREALMANGIMI S.p.A. v. TOEPFER (THE "EUROMETAL")

[1981] 1 Lloyd's Rep 337

Sale of goods (c.i.f.) - Non-acceptance - Cargo infested - Buyers refused to accept delivery - Whether certificate of quality final - Sellers tendered shipping documents late - Whether buyers entitled to reject documents - Whether buyers in default - Whether sellers entitled to damages.

RAIFFEISEN HAUPTGENOSSENSCHAFT v. LOUIS DREYFUS & CO. LTD. LOUIS DREYFUS & CO. LTD. v. KURT A. BECHER

[1981] 1 Lloyd's Rep 345

Sale of goods (c.i.f.) - Non-appropriation - Prohibition - Sellers failed to appropriate balance in respect of July instalment - Whether sellers could rely on prohibition clause - Whether sellers in default - GAFTA 100.

TRADAX EXPORT S.A. v. ROCCO GIUSEPPE & FIGLI

[1981] 1 Lloyd's Rep 353

Sale of goods (f.o.b.) - Prohibition of export - Circle - Sellers paid buyers price for 40 per cent. - Whether contract cancelled to extent of 60 per cent. - Whether circle agreement replaced circle clause - Whether buyers entitled to 60 per cent. of price difference - GAFTA 119.

COOK INDUSTRIES INC. v. MEUNERIE LIEGEOIS S.A.

[1981] 1 Lloyd's Rep 359

Sale of goods (c.i.f.) - Non-fulfilment - Prohibition of export - Sellers failed to deliver balance of June shipment - Award in favour of buyers - Sellers requested special case - Whether buyers could put forward new propositions - Whether sellers could rely on cl. 21 - Whether sellers had established defence of waiver - GAFTA 100.

A/S AWILCO v. FULVIA S.p.A. DI NAVIGAZIONE (THE "CHIKUMA")

[1981] 1 Lloyd's Rep 371

Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether charterers made "payment in cash" - Whether charterers entitled to damages for wrongful withdrawal - New York Produce Exchange form.

HARMONY SHIPPING CO. S.A. v. SAUDI-EUROPE LINE LTD. (THE "GOOD HELMSMAN")

[1981] 1 Lloyd's Rep 377

Charter-party (Time) - Hire - Non-payment - Whether charter-party a sham - Whether charterers agreed to pay hire at a rate to be agreed - Whether rate payable agreed - Whether charterers entitled to claim in respect of bunkers, address commission and off-hire.

CHRISTOPHER JOHN MORAN v. LLOYD'S (A STATUTORY BODY)

[1981] 1 Lloyd's Rep 423

Practice - Lloyd's - Disciplinary proceedings against member - Lloyd's Act, 1871, s. 20 - Whether investigating committee biased - Interlocutory injunction to stay arbitration proceedings - Balance of convenience - Natural justice - Preliminary inquiry - Whether rules of natural justice apply to preliminary inquiry.

BOX v. MIDLAND BANK LTD.

[1981] 1 Lloyd's Rep 434

Banking - Negligence - Misrepresentation - Careless statements made by bank's employee - Plaintiff relied on statements - Whether employee owed plaintiff duty to take reasonable care in making statements - Whether plaintiff suffered any damages recoverable in law - Appeal as to costs.

THE OWNERS OF THE SHIP "DIEGO SILANG" AND OF THE CARGO LATELY LADEN ABOARD HER v. THE OWNERS OF THE SHIP "VYSOTSK" (THE "VYSOTSK")

[1981] 1 Lloyd's Rep 439

Collision - Approaching vessels - Duty of stand-on vessel to keep her course - Whether gyro course record a true record of defendant vessel's course - Whether a forgery - Duty of give-way vessel - Whether discharged - Second collision with a third vessel - Whether caused by the first - Failure to take compass bearings of approaching vessel - Collision regulations 1965, rr. 19, 21, 22 and 27.

ANANGEL PEACE COMPANIA NAVIERA S.A. v. BACCHUS INTERNATIONAL COMMERCE CORPORATION (THE "ANANGEL PEACE")

[1981] 1 Lloyd's Rep 452

Arbitration - Award - Misconduct - Dispute as to off-hire - Owners alleged that scrap logs destroyed - Award in favour of owners - Whether arbitrators had misconducted themselves in failing to order discovery of all relevant documents in owner's possession - Whether award should be set aside or remitted.

JAPAN LINES LTD. v. MEDIOLANUM SHIPPING CO.

[1981] 1 Lloyd's Rep 455

Arbitration - Award - Remission - Charterers asked for finding that refinery had no authority to order vessel to bunkering place - Arbitrators found that although charterers had not given such order, the authority of refinery would be implied - Whether such inference should have been drawn - Whether award should be remitted.

CARMEL EXPORTERS (SALES) LTD. v. SEA-LAND SERVICES INC.

[1981] 1 Lloyd's Rep 458

Practice - Jurisdiction - Application to set aside writ - Defendants' solicitors acknowledged service - Whether defendants had submitted to jurisdiction - Whether defendants had complied with new R.S.C., O. 12, r. 8 - Whether application to set aside should be granted.

STAFFORD AND COMSTOCK LTD. v. CONTI COMMODITY SERVICES LTD.

[1981] 1 Lloyd's Rep 466

Negligence - Brokers - Commodities futures market - Brokers opened and closed transactions on behalf of client - Client incurred losses - Whether brokers acted without authority - Whether brokers failed to exercise due care and diligence in conduct of client's affairs - Whether client could rely on res ipsa loquitur - Whether client entitled to damages.

GEORGE MITCHELL (CHESTERHALL) LTD. v. FINNEY LOCK SEEDS LTD.

[1981] 1 Lloyd's Rep 476

Sale of goods - Limitation of liability - Defendants supplied to plaintiffs, seed different in kind both by description and commercially - Crop produced by seed useless for human and animal consumption - Plaintiffs claimed damages - Whether defendants could limit liability to cost of seeds.

COMPANIA FINANCIERA "SOLEADA" S.A., NETHERLANDS ANTILLES SHIPS MANAGEMENT CORPORATION LTD. AND DAMMERS AND VAN DER HEIDE'S SHIPPING AND TRADING CO. LTD. v. HAMOOR TANKER CORPORATION INC. (THE "BORAG")

[1981] 1 Lloyd's Rep 483

Agency - Ship's management - Agreement between owners and managers - Whether relationship of trustee and beneficiary created - Whether managers' conduct in breach of obligations - Whether owners could recover costs incurred in mitigation.

A. J. BEKHOR & CO. LTD. v. BILTON

[1981] 1 Lloyd's Rep 491

Practice - Mareva injunction - Discovery - Injunction varied - Whether Court had jurisdiction to make an order for discovery in aid of the Mareva injunction.

MONTEBIANCO INDUSTRIE TESSILI S.p.A. v. CARLYLE MILLS (LONDON) LTD.

[1981] 1 Lloyd's Rep 509

Bill of exchange - Dishonour - Summary judgment in favour of sellers - Whether buyers had an arguable defence and counterclaim - Whether buyers should be given unconditional leave to defend - Whether order should be stayed.

THE "JOGOO"

[1981] 1 Lloyd's Rep 513

Admiralty practice - Mortgage - Sale of vessel - Order of priority of claims - Whether cost of discharging cargo before vessel sold should become a first charge on the proceeds.

MALAYSIAN INTERNATIONAL SHIPPING CORPORATION v. EMPRESA CUBANA DE FLETES (THE "BUNGA KENANGA")

[1981] 1 Lloyd's Rep 518

Charter-party (Time) - Redelivery - Charterers redelivered vessel in Rotterdam instead of Far East - Owners entitled to damages for breach of charter - Measure of damages.

WOODSTOCK SHIPPING CO. v. KYMA COMPANIA NAVIERA S.A. (THE "WAVE")

[1981] 1 Lloyd's Rep 521

Charter-party (Time) - Repudiation - Negotiations for charter of vessel - Whether fixture agreed - Whether agent had authority to bind owners - Whether legally binding contract concluded - Whether charterers entitled to damages for repudiation or non-performance - Whether Officer of the Court could be ordered to execute mortgage - Whether receiver ought to be allowed to intervene.

SCHIFFAHRTSAGENTUR HAMBURG MIDDLE EAST LINE G.m.b.H. HAMBURG v. VIRTUE SHIPPING CORPORATION MONROVIA (THE "OINOUSSIAN VIRTUE")

[1981] 1 Lloyd's Rep 533

Arbitration - Award - Leave to appeal - Arbitrator found in favour of owners - Whether questions of law arose out of award - Whether leave to appeal should be given - Whether award should be remitted for further findings - Arbitration Act, 1950, s. 22 - Arbitration Act, 1979, s. 1 - New York Produce Exchange.

ESTIA COMPANIA NAVIGACION S.A. v. DEUTSCHE GENUSSMITTER G.m.b.H. (THE "ESTIA")

[1981] 1 Lloyd's Rep 541

Arbitration - Injunction - Delay in prosecuting claim in arbitration proceedings - Whether owners suffered prejudice as a result of delay - Whether injunction restraining further proceedings in arbitration should be granted.

COMPAGNIE GENERALE MARITIME v. DIAKAN SPIRIT S.A. (THE "YMNOS")

[1981] 1 Lloyd's Rep 550

Arbitration - Evidence - Admissibility - Whether statement could be put in evidence before arbitrators - Whether admissible under the Civil Evidence Act, 1968.

MALLOZZI v. CARAPELLI S.P.A.

[1981] 1 Lloyd's Rep 552

Arbitration - Award - Motion to declare award void or to remit award - In earlier proceedings special case remitted to arbitrators - Second supplemental award made by tribunal comprising three members only - Whether award made without jurisdiction since tribunal not constituted in accordance with agreement - Whether award void.

SEAROSE LTD. v. SEATRAIN (U.K.) LTD.

[1981] 1 Lloyd's Rep 556

Practice - Mareva injunction - Injunction to restrain defendants from disposing of assets - Whether injunction should specify in particular any moneys in any bank account of the defendants with the bank.

A AND B v. C, D, E, F, G AND H (No. 2)

[1981] 1 Lloyd's Rep 559

Practice - Mareva injunction - Legal costs - Variation - Whether injunction should be varied to permit payment of legal costs likely to be incurred.

OKURA & CO. LTD. v. NAVARA SHIPPING CORPORATION S.A.

[1981] 1 Lloyd's Rep 561

Shipbuilding contract - Repudiation - Negotiations by telex - Whether agreement reached between the parties - Whether agreement rescinded or cancelled by mutual consent - Whether force majeure clause in contract excluded from agreement - Whether agreement repudiated.

VICTORIA FUR TRADERS LTD. v. ROADLINE (U.K.) LTD. AND BRITISH AIRWAYS BOARD

[1981] 1 Lloyd's Rep 570

Carriage by road - Non-delivery - British Airways arranged for defendants to deliver goods to plaintiffs' premises - Goods failed to arrive - Whether defendants bailees of the goods - Whether British Airways acted as plaintiffs' agents - Whether defendants' standard conditions of carriage incorporated into contract between plaintiffs and defendants.

THE "ALASTOR"

[1981] 1 Lloyd's Rep 581

Limitation of liability - Collision - Collision and damage to plaintiff's yacht admitted - Whether collision caused by defendant's negligence - Whether defendant entitled to limit his liability - Merchant Shipping Act, 1894, s. 503 - Merchant Shipping (Liability of Shipowners and Others) Act, 1958, s. 3(2).

TEHNO-IMPEX v. GEBR. VAN WEELDE SCHEEPVAARTKANTOOR B.V.

[1981] 1 Lloyd's Rep 587

Arbitration - Award - Dispute between parties as to demurrage - Arbitrator held that he had no jurisdiction to award interest - Whether award should be set aside or remitted for alleged error of law on its face.

UNITED CITY MERCHANTS (INVESTMENTS) LTD. AND GLASS FIBRES AND EQUIPMENTS LTD. v. ROYAL BANK OF CANADA, VITROREFUERZOS S.A. AND BANCO CONTINENTAL S.A.

[1981] 1 Lloyd's Rep 604

Banking - Letter of credit - Illegality - Whether letter of credit in breach of Peruvian exchange control regulations - Whether letter of credit enforceable - Bretton Woods Agreement Order in Council, 1946. Banking - Letter of credit - Bill of lading - Date on bill of lading altered - Whether allegation of fraud made out - Whether letter of credit amended - Whether defendants entitled to refuse payments against document presented.

NITTAN (U.K.) LTD. v. SOLENT STEEL FABRICATION LTD. TRADING AS SARGROVE AUTOMATION AND CORNHILL INSURANCE CO. LTD.

[1981] 1 Lloyd's Rep 633

Insurance (Product Liability) - Exclusion clause - Misnomer - Insurance company described company incorrectly - Insurance company excluded liability for failure of any goods to perform the intended function - Whether misdescription a misnomer - Whether insurance company could rely on exclusion clause.

ARCHITAL LUXFER LTD. v. HENRY BOOT CONSTRUCTION LTD.

[1981] 1 Lloyd's Rep 642

Arbitration - Award - Costs - Both parties proved breach of contract against each other - Arbitrator published award on costs - Whether arbitrator had erred in failing to direct that respondents pay all the costs - Whether applicant's letter an effective sealed offer - Whether award should be remitted or set aside.

GOVERNMENT OF THE STATE OF KUWAIT v. SIR FREDERICK SNOW & PARTNERS AND OTHERS

[1981] 1 Lloyd's Rep 656

Arbitration - Award - Enforcement - Limitation of time - Plaintiffs added defendants to action six years three months after award issued - Whether defendants could rely on Limitation Act - Whether the 6th to 11th defendants partners in the firm - Whether award a Convention award - Arbitration Act, 1975 - Limitation Act 1939, s. 2 (1) (c).

S. AND M. CARPETS (LONDON) LIMITED v. CORNHILL INSURANCE COMPANY LIMITED

[1981] 1 Lloyd's Rep 667

Insurance (Fire) - Loss of profits - Damage to shop by fire - Insurers denied liability - Insurers alleged fire deliberately started by plaintiffs - Onus of proof - Degree of probability required - Whether plaintiffs could claim under policy.

WATKINS & DAVIS LTD. v. LEGAL & GENERAL ASSURANCE CO. LTD.

[1981] 1 Lloyd's Rep 674

Insurance (Fire) - Arson - Damage to warehouse by fire - Insurers denied liability - Insurers alleged fire deliberately started - Onus of proof - Degree of probability required - Whether plaintiffs could claim under policy.

Lloyd's Law Reports