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KALLANG SHIPPING SA PANAMA v AXA ASSURANCES SENEGAL AND ANOTHER (THE “KALLANG” (NO 2))

[2009] Lloyd's Rep Plus 1

Carriage of goods by sea – London arbitration clause incorporated into bills of lading – Damage to cargo – Ship arrested in Senegal by cargo owners and insurers – Cargo owners and insurers refusing to accept P&I Club undertaking – Whether cargo owners in breach of arbitration clause – Whether cargo insurers wrongfully induced or conspired with cargo owners to breach arbitration clause – Measure of damages.

SOTRADE DENIZCILIK SANAYI VE TICARET AS v AMADOU LO AND OTHERS (THE “DUDEN”)

[2009] Lloyd's Rep Plus 2

Carriage of goods by sea – London arbitration clause incorporated into bills of lading – Damage to cargo – Ship arrested in Senegal by cargo owners and insurers – Cargo owners and insurers refusing to accept P&I Club undertaking – Whether cargo owners in breach of arbitration clause – Whether cargo insurers wrongfully induced or conspired with cargo owners to breach arbitration clause – Measure of damages – Identity of carrier – Whether loss sustained by registered owners or bareboat charterers – Whether owners entitled to final anti-suit injunction.

CITY OF LONDON v SANCHETI

[2009] Lloyd's Rep Plus 3

Arbitration – Bilateral Investment Treaty – Stay of proceedings – Whether proceedings brought by a person not a party to an arbitration clause could be stayed – Arbitration Act 1996, sections 9 and 82.

CMA CGM SA v HYUNDAI MIPO DOCKYARD CO LTD

[2009] Lloyd's Rep Plus 4

Contract – Arbitration agreement – Third party commencing tort-based litigation in France – Third party subsequently become party by novation to contract containing arbitration agreement – Novating party continuing French proceedings – Whether dispute in French proceedings covered by arbitration agreement – Whether continuance of French proceedings by novating party constituted breach of arbitration agreement – Whether arbitration tribunal bound by French judgment – Council Regulation (EC) No 44/2001.

CLUB CRUISE ENTERTAINMENT AND TRAVELLING SERVICES EUROPE BV v THE DEPARTMENT FOR TRANSPORT (THE “VAN GOGH”)

[2009] Lloyd's Rep Plus 5

Shipping – Health and safety – Statutory power to detain vessel – Cruise vessel temporarily detained by Maritime and Coastguard Agency after outbreak of gastrointestinal virus – Whether detention valid – Whether detention constituted unlawful interference with goods – Whether court had jurisdiction to award statutory compensation – Merchant Shipping Act 1995, sections 94 and 95 – Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997, Regulation 28.

MIDDLE EASTERN OIL LLC v NATIONAL BANK OF ABU DHABI

[2009] Lloyd's Rep Plus 6

Conflict of laws – Application for stay of English proceedings – Forum non conveniens – Whether parties had agreed to an exclusive jurisdiction clause for the courts of the UAE – Whether there were good reasons for disregarding the clause – Law applicable to tort – Private International Law (Miscellaneous Provisions) Act 1995.

PRATT v AIGAION INSURANCE CO SA

[2009] Lloyd's Rep Plus 7

Insurance (marine) – Time policy on fishing trawler – Warranty requiring skipper and crew member to be on board at all times – Vessel catching fire with no crew on board – Whether breach of warranty.

METVALE LTD AND ANOTHER v MONSANTO INTERNATIONAL SARL AND OTHERS (THE “MSC NAPOLI”)

[2009] Lloyd's Rep Plus 8

Charterparty (Slot) – Limitation of liability – Container vessel beached on south coast of England – Whether slot charterer entitled to limit liability – Whether limitation fund constituted by owner of vessel deemed to be constituted by slot charterers – Convention on Limitation of Liability for Maritime Claims 1976.

A TURTLE OFFSHORE SA AND ANOTHER v SUPERIOR TRADING INC (THE “A TURTLE”)

[2009] Lloyd's Rep Plus 9

Towage contract – TOWCON terms – Tugowner agreeing to tow drilling rig from Brazil to Singapore – Tug running out of fuel during voyage causing rig to be lost – Whether tugowner in breach of contract in failing to exercise due diligence and in failing to exercise best endeavours – Whether tugowner protected from liability – Whether tugowner entitled to balance of freight.

VAN DER GIESSEN-DE-NOORD SHIPBUIILDING DIVISION BV v IMTECH MARINE & OFFSHORE BV

[2009] Lloyd's Rep Plus 10

Arbitration – Serious irregularity – Substantial injustice – Failure by arbitrators to deal with all of the issues put to them – Whether award should be set aside in whole or in part – Effect of remission – Whether umpire should be appointed – Arbitration Act 1996, sections 21 and 68(2)(d).

BARCLAY v BRITISH AIRWAYS PLC

[2009] Lloyd's Rep Plus 11

Carriage by air – Claimant slipped while going to seat on aircraft – Whether claimant suffered injury from “accident” – Montreal Convention 1999, article 17.

NOTE ASM SHIPPING LTD OF INDIA v TTMI LTD OF ENGLAND (THE “AMER ENERGY”)

[2009] Lloyd's Rep Plus 12

Practice – Arbitration – Award – Owners sought leave to appeal from award – Whether extension of time should be granted – Whether leave should be given – Arbitration Act 1996, section 69.

EMMOTT v MICHAEL WILSON & PARTNERS LTD (NO 2)

[2009] Lloyd's Rep Plus 13

Arbitration – Peremptory order – Whether arbitrators possessed jurisdiction over dispute – Whether arbitrators entitled to make peremptory order – Principles to be applied for enforcement of peremptory order – Freezing order by court to support arbitration – Arbitration Act 1996, sections 41, 42, 44 and 67.

TRI-MG INTRA ASIA AIRLINES v NORSE AIR CHARTER LTD

[2009] Lloyd's Rep Plus 14

Arbitration – Stay of proceedings – Agreement containing both arbitration and exclusive jurisdiction clauses – Whether arbitration clause to be given priority over jurisdiction clause – Whether dispute between the parties – Whether stay should be granted.

GREENLAND BANK LTD (IN LIQUIDATION) v AMERICAN EXPRESS BANK LTD

[2009] Lloyd's Rep Plus 15

Performance bonds – Performance bond provided by bank on behalf of another bank – Requesting bank entered into liquidation – Performance bond not renewed – Requesting bank seeking return of deposit – Whether performance bond had expired.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION v MANTERFIELD

[2009] Lloyd's Rep Plus 16

Worldwide freezing order – Whether party seeking the injunction in reality seeking to enforce foreign penal law – Whether the English court should decline jurisdiction – Whether the judge was right to dispense with a cross-undertaking in damages – Civil Jurisdiction and Judgments Act 1982, section 25 – Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997.

TRUSTEES OF EDMOND STERN SETTLEMENT v LEVY (T/A SIMON LEVY ASSOCIATES) (NO 2)

[2009] Lloyd's Rep Plus 17

Arbitration – Arbitrator assessing damages at date of termination of contract – Respondent seeking to adduce evidence of later developments – Arbitrator refusing to admit evidence – Whether error of law – Whether serious irregularity – Arbitration Act 1996, sections 68 and 69.

SHAH AND ANOTHER v HSBC PRIVATE BANK (UK) LTD

[2009] Lloyd's Rep Plus 18

Bank transfers – Delays – Bank reported a payment instruction as suspicious under the Proceeds of Crime Act 2002 and did not carry it out – Whether suspicion rationally held – Effects of failure to execute payment instruction where suspicion not rationally held – Failure to take reasonable care – Breach of confidence – Failure to comply with instructions – Whether losses claimed recoverable – Proceeds of Crime Act 2002, sections 333, 335 and 338.

BULKHAUL LTD v RHODIA ORGANIQUE FINE LTD

[2009] Lloyd's Rep Plus 19

Contract – Damages – Long-term leasing agreement for chemical tanks – Lessee unlawfully terminating agreement prematurely – Whether lessor failed to mitigate its loss – Whether lessor ought to have sold tanks on termination of lease – Whether judge entitled to find there was an available market for the tanks and their value.

LAROCHE v SPIRIT OF ADVENTURE (UK) LTD

[2009] Lloyd's Rep Plus 20

Carriage by air – Limitation of action – Claimant sustaining personal injury while being carried in hot air balloon – Whether hot air balloon “aircraft” – Whether flight involved contract of “carriage” – Whether claimant a “passenger” – Whether running of two-year prescription period suspended by defendant’s voluntary liquidation – Carriage by Air Act 1961 – Carriage by Air Acts (Application of Provisions) Order 1967, article 29 – Council Regulation (EC) No 2027/97.

WALLENTIN-HERMANN v ALITALIA-LINEE AEREE ITALIANE SPA

[2009] Lloyd's Rep Plus 21

Carriage by air – EC Regulation providing for compensation to passengers in event of cancellation of flights – Exemption from obligation to pay compensation – Cancellation due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken – Reference for preliminary ruling – Regulation (EC) No 261/2004, article 5(3).

HARLEY AND OTHERS v SMITH AND ANOTHER

[2009] Lloyd's Rep Plus 22

Personal injury – Limitation period – Claimants injured in Saudi Arabia – Action brought in England – Whether claims time-barred under Saudi law – Whether limitation period should be disapplied – Foreign Limitation Periods Act 1984.

PORT OF TILBURY (LONDON) LTD v STORA ENSO TRANSPORT & DISTRIBUTION LTD AND ANOTHER

[2009] Lloyd's Rep Plus 23

Contract – Set-off – Long-term contract between port authority and paper importer – Paper importer agreeing to minimum annual throughput of paper – Importer failing to meet minimum figure and alleging breaches of contract by port authority – Port authority seeking summary judgment based on shortfall – Whether contract contained no set-off provision – Whether importer entitled to rely on implied term.

NML CAPITAL LTD v REPUBLIC OF ARGENTINA

[2009] Lloyd's Rep Plus 24

Enforcement of judgments – Sovereign immunity – Claimant obtaining judgment against Republic of Argentina in New York court – Claimant seeking to enforce judgment in England by common law action – Effect of State Immunity Act 1978 – Whether contractual submission to jurisdiction – Whether claimant permitted to argue new grounds for lack of immunity – State Immunity Act 1978, section 1 – Civil Jurisdiction and Judgments Act 1982, section 31(1).

ALLIANZ SPA AND ANOTHER v WEST TANKERS INC (THE “FRONT COMOR”)

[2009] Lloyd's Rep Plus 25

Arbitration – Anti-suit injunction – Judicial proceedings commenced in Italy – Alleged breach of arbitration clause for arbitration in London – Whether English court empowered to grant anti-suit injunction to restrain continuation of Italian proceedings – European Council Regulation (EC) No 44/2001, articles 1 and 27.

STOCZNIA GDYNIA SA v GEARBULK HOLDINGS LTD

[2009] Lloyd's Rep Plus 26

Shipbuilding contracts – Delay – Contracts entitling purchaser to terminate contract if vessel not delivered by specified date – Purchaser purporting to terminate contracts for delay pursuant to contractual provisions – Whether contracts excluded common law right to terminate for accepted breach – Whether contract excluded builder’s liability for damages for loss of bargain – Whether purchaser terminated contracts solely in reliance on contractual termination provisions.

COMMISSION OF THE EUROPEAN COMMUNITIES v HELLENIC REPUBLIC

[2009] Lloyd's Rep Plus 27

European law – Maritime safety – Monitoring of ships and port facilities – International agreements – Division of powers between the Community and the member states – Whether member state failed to fulfil obligations – EC Treaty, articles 10, 71 and 80(2).

NATIONWIDE BUILDING SOCIETY v DUNLOP HAYWARDS LTD AND ANOTHER

[2009] Lloyd's Rep Plus 28

Contribution – Claimant suffering loss by reason of overvaluation of property secured by loans – Action against surveyors in fraud and against solicitors in negligence – Value of claims against surveyors and solicitors – Whether defendants liable for the “same damage” – Apportionment between defendants when one defendant has a partial defence against the claimant – Civil Liability (Contribution) Act 1978.

IMAGEVIEW MANAGEMENT LTD v JACK

[2009] Lloyd's Rep Plus 29

Agency – Secret contract entered into between agent and third party leading to profit for agent – Whether principal entitled to recover all sums paid to agent – Whether principal entitled to recover the price paid to the agent for the secret contract.

DHL GBS (UK) LTD v FALLIMENTO FINMATICA SPA

[2009] Lloyd's Rep Plus 30

Foreign judgment – Judgment given in Italy in alleged breach of arbitration clause – Enforcement of judgment – Appeal against enforcement in England – Application to stay English appeal pending appeal being heard in Italy – Council Regulation (EC) No 44/2001 (Judgments Regulation), articles 1(2)(d), 34, 35 and 46 – Civil Procedure Rules, Part 74.

BULK & METAL TRANSPORT (UK) LLP v VOC BULK ULTRA HANDYMAX POOL LLC (THE “VOC GALLANT”)

[2009] Lloyd's Rep Plus 31

Arbitration – Commencement – Charterparty (Time) – Owners claiming balance of hire and charterers asserting cross-claim for breach of Hague Rules, article III rule 2 – Whether message from owners’ solicitors took effect as notice commencing arbitration – Whether message constituted bringing of suit in respect of charterers’ cargo claim – Whether charterer’s cross-claim time-barred – Whether extraneous evidence admissible – Arbitration Act 1996, section 14(4), Hague Rules, article III rule 6.

F LTD v M LTD

[2009] Lloyd's Rep Plus 32

Arbitration – Serious irregularity – Substantial injustice – Arbitration tribunal determining certain issues adversely to claimant – Dissenting arbitrator expressing concern that majority had determined issues on grounds of their own devising without giving claimant opportunity to make submissions – Relevance of views of dissenting arbitrator – Whether parts of award should be remitted – Arbitration Act 1996, section 68.

YOUELL AND OTHERS v LA REUNION AERIENNE AND OTHERS

[2009] Lloyd's Rep Plus 33

Insurance – Co-insurance agreement – Dispute as to whether London insurers bound to indemnify French insurers – Action by London insurers for declaration – Whether English court possessed jurisdiction – Whether dispute a matter relating to insurance or relating to arbitration – European Parliament and Council Regulation (EC) No 44/2001, articles 1, 5 and 8.

NOVUS AVIATION LTD v ONUR AIR TASIMACILIK AS

[2009] Lloyd's Rep Plus 34

Practice – Application to set aside – Forum non conveniens – Claimant bringing action in England alleging breach of contract governed by English law – Dispute having no other connection with England – Whether judge erred in authorising service out of jurisdiction – Whether England appropriate forum – CPR 6.20(5)(c).

KENT TRADE AND FINANCE INC AND OTHERS v JPMORGAN CHASE BANK AND ANOTHER (THE “LANNER”)

[2009] Lloyd's Rep Plus 35

Admiralty practice – Priority – Conflict of laws – Proper law of contract – Maritime lien – Contracts for supply of necessaries expressly governed by American law – Relevance of contractual choice of law clause – Applicable law – Whether suppliers of necessaries entitled to priority over vessel’s mortgagee – Commercial Instruments and Maritime Liens Act, 46 USC 31342 (1994).

MAPLE LEAF MACRO VOLATILITY MASTER FUND AND ANOTHER v ROUVROY AND ANOTHER

[2009] Lloyd's Rep Plus 36

Funding Agreement – Claim for breach and claim for deceit – Whether English court possessed jurisdiction – Whether defendants had submitted to the jurisdiction of the English courts by entering appearance – Scope of exclusive jurisdiction agreement – Whether agreement a consumer agreement – Whether tort committed in England – Council Regulation (EC) No 44/2001, articles 5(3), 15, 23 and 24 – Validity of Funding Agreement – Intention to create legal relations – Whether there was a breach of the Funding Agreement – Whether termination provisions in Funding Agreement constituted a penalty at common law – Scope of Unfair Terms in Consumer Contracts Regulations 1999 – Scope of Consumer Credit Act 1974, sections 140A and 140B – Whether defendants liable in the tort of deceit – Whether defendants had counterclaim under section 150 of the Financial Services and Markets Act 2000 for breach of Conduct of Business Rules.

HATZL AND ANOTHER v XL INSURANCE CO LTD

[2009] Lloyd's Rep Plus 37

Carriage by road – CMR – Jurisdiction – Goods lost in transit between Austria and Italy – Parties to contract of carriage assigning rights of action to their insurers – Carriers bringing proceedings in England against parties to contract of carriage and assignees/insurers – England not having any connection with matters in dispute other than being principal place of business of assignees/insurers – Whether court had jurisdiction – Whether assignees/insurers “the defendant” – CMR article 31(1)(a).

ASSOCIATED BRITISH PORTS v FERRYWAYS NV AND ANOTHER

[2009] Lloyd's Rep Plus 38

Contract – Guarantee or indemnity – Whether contract to be construed as guarantee or as indemnity or as a legally binding letter of comfort.

NATIONAL NAVIGATION CO v ENDESA GENERACION SA (THE “WADI SUDR”)

[2009] Lloyd's Rep Plus 39

GAMBAZZI V DAIMLERCHRYSLER CANADA INC AND ANOTHER

[2009] Lloyd's Rep Plus 40

Enforcement of judgments – Recognition and enforcement of judgments – Grounds for refusal – Infringement of public policy in the state in which enforcement is sought – Exclusion of the defendant from the proceedings before the court of the state of origin because of failure to comply with a court order – Brussels Convention 1968, article 27.

LANSAT SHIPPING CO LTD v GLENCORE GRAIN BV (THE “PARAGON”)

[2009] Lloyd's Rep Plus 41

Charterparty (Time) – Late redelivery - Clause providing that charterers should pay market rate of hire from 30th day prior to maximum period date until actual redelivery – Whether clause a penalty.

SEMEN v DEUTSCHE TAMOIL GMBH

[2009] Lloyd's Rep Plus 42

Agency – European law – Self-employed commercial agents – Termination of agency – Right of commercial agent to indemnity or compensation – Whether amount of lost commission represented upper limit of indemnity – Whether benefits accruing to other companies within principal’s group to be taken into account – Reference for a preliminary ruling – Article 234 EC – Council Directive 86/653/EEC, article 17(2).

DADOURIAN GROUP INTERNATIONAL INC v SIMMS AND OTHERS

[2009] Lloyd's Rep Plus 43

Option to purchase goods – Fraudulent misrepresentation by intermediary as to his interest in the purchaser – Failure by purchaser to open letter of credit – Arbitrator finding that purchaser was in breach of contract and that there had been fraudulent misrepresentation on its behalf – Award not honoured – Proceedings brought in England by seller against controllers of purchaser – Whether controllers implicated in the fraud – Effect of arbitration award on controllers – Measure of damages – Whether worldwide freezing orders should be discharged.

COLOUR QUEST LTD AND OTHERS v TOTAL DOWNSTREAM UK PLC AND OTHERS

[2009] Lloyd's Rep Plus 44

Tortious liability – Explosion at oil refinery – Vicarious liability – Employee whose actions causative of explosion at storage site employed by one company but seconded to other company managing the site – Liability for actions of employee – Application of rule in Rylands v Fletcher – Effect of consent – Private nuisance – Public nuisance – Economic loss – Whether proprietary or possessory interest in property required to claim damages – Damages claim from claimant with mere contractual rights.

TS LINES LTD v DELPHIS NV DELPHIS NV v ULRIKE F KAI FREESE GMBH & CO KG (THE “TS SINGAPORE”)

[2009] Lloyd's Rep Plus 45

Charterparty (Time) – Off-hire – Charterers having right to cancel if vessel off-hire for 20 consecutive days – Whether charterers lawfully cancelled charter.

TRIDENT TURBOPROP (DUBLIN) LTD v FIRST FLIGHT COURIERS LTD

[2009] Lloyd's Rep Plus 46

Aircraft lease – Allegation of misrepresentation by lessee – Whether exclusion clauses in leases effective to exclude liability for misrepresentation – Unfair Contract Terms Act 1977, sections 8, 11 and 26 – Misrepresentation Act 1967, section 3.

GLOBAL PROCESS SYTEMS INC AND ANOTHER v SYARIKAT TAKAFUL MALAYSIA BERHAD (THE “CENDOR MOPU”)

[2009] Lloyd's Rep Plus 47

Insurance (marine) – Institute Cargo Clauses (A) – All risks cover – Oil rig damaged in course of being transported – Causation – Whether loss inevitable – Whether loss caused by inherent vice.

DEUTSCHE BANK AG AND ANOTHER v HIGHLAND CRUSADER OFFSHORE PARTNERS LP AND OTHERS

[2009] Lloyd's Rep Plus 48

WESTBROOK RESOURCES LTD v GLOBE METALLURGICAL INC

[2009] Lloyd's Rep Plus 49

Sale of goods – Goods to be screened to comply with contract – Screening delayed by bad weather – Buyer refusing to accept screened goods – Whether buyer in repudiation of contract – Whether buyer entitled to rely on contractual delivery dates – Estoppel and affirmation – Measure of damages.

DOLPHIN MARITIME & AVIATION SERVICES LTD v SVERIGES ANGFARTYGS ASSURANS FORENING

[2009] Lloyd's Rep Plus 50

BRAVE BULK TRANSPORT LTD v SPOT ON SHIPPING LTD ZHANGGANG SHIPPING LTD v BRAVE BULK TRANSPORT LTD

[2009] Lloyd's Rep Plus 51

Practice – Anti-suit injunction – Jurisdiction – Claimant obtaining default judgment against defendant arising out of contract conferring exclusive jurisdiction on High Court – Claimant bringing enforcement proceedings against applicant in New York on basis that applicant was alter ego of defendant – Applicant seeking anti-suit injunction from High Court to restrain New York proceedings – Whether court had jurisdiction to hear application.

JONES v CHURCHER AND ANOTHER

[2009] Lloyd's Rep Plus 52

Banking - Money mistakenly transferred to defendant's account by claimant - Defendant's bank alerted to mistake - Defendant withdrawing money - Whether claimant had restitutionary action for money paid by mistake - Change of position - Whether defendant's bank had defence of ministerial receipt - Whether defendant's bank guilty of breach of trust.

IMT SHIPPING AND CHARTERING GMBH v CHANSUNG SHIPPING CO LTD (THE “ZENOVIA”)

[2009] Lloyd's Rep Plus 53

Charterparty (Time) – Charterers giving notice of expected redelivery – Owners fixing vessel’s further employment based on expected redelivery date – Charterers subsequently giving second notice with later redelivery date – Whether charterers precluded by promissory estoppel from resiling from first notice – Whether charter contained implied term that charterers would not deliberately prevent original redelivery date being met.

SHARAB v AL-SAUD

[2009] Lloyd's Rep Plus 54

Jurisdiction - Claim for commission for agency in aircraft sale - Whether good arguable case - Whether England and Wales clearly the appropriate forum - CPR Part 6.20(5) and (6) - Whether undertaking by defendant to submit to a foreign jurisdiction should be accepted.

BUNGE SA v ADM DO BRASIL LTDA AND OTHERS (THE 'DARYA RADHE')

[2009] Lloyd's Rep Plus 55

Carriage by sea - Dangerous cargo - Shippers' liability - Cargo of soya bean meal pellets alleged to have contained rats when loaded onto vessel - Whether cargo dangerous - Whether arbitrators erred in concluding that carrier was unable to prove that any particular shipper had been responsible for introducing a rat - Hague Rules, article IV, rule 6.

RE KAUPTHING SINGER AND FRIEDLANDER LTD NEWCASTLE BUILDING SOCIETY v MILL AND OTHERS

[2009] Lloyd's Rep Plus 56

Banking – Legal set-off – Two financial institutions holding deposit instruments issued by the other – One of the two in administration – Clearing system for deposit instruments contained rule stating that instruments must be free from equity or set-off – Effective to prevent set-off – Insolvent Debtors Relief Acts 1729 and 1735 – Supreme Court Act 1981, section 49(2) – CPR 16.6.

DURHAM TEES VALLEY AIRPORT LTD v BMIBABY LTD AND ANOTHER

[2009] Lloyd's Rep Plus 57

Contract – Certainty – Airline company agreeing with airport company to base and fly two aircraft from airport for period of 10 years – Airline company withdrawing aircraft from airport after only three years – Whether contract sufficiently certain to be enforceable – Whether implied term that airline company would operate the aircraft in a reasonable manner.

THE "WD FAIRWAY"

[2009] Lloyd's Rep Plus 58

Insurance (marine) - Vessel becoming constructive total loss - Insurers not accepting notice of abandonment but making payment for constructive total loss - Vessel sold by assured to third party before all of insurers had decided to take over the vessel - Effect of sale - Rights of insurers - Applicable law - Marine Insurance Act 1906, sections 62, 63 and 79.

TASMAN ORIENT LINE CV v NEW ZEALAND CHINA CLAYS AND OTHERS (THE "TASMAN PIONEER")

[2009] Lloyd's Rep Plus 59

Carriage by sea - Deck cargo damaged following vessel's grounding - Master failing to alert authorities of grounding and instructing crew to lie about incident - Whether carrier in breach of contract of carriage - Whether carrier entitled to rely on exemption of negligence in navigation or management of ship - Hague-Visby Rules, article IV, rule 2(a).

BERGHOFF TRADING LTD AND OTHERS v SWINBROOK DEVELOPMENTS LTD AND OTHERS [2009] EWCA Civ 413

[2009] Lloyd's Rep Plus 60

Loan agreement - Joint venture - Construction - Partner in joint venture paying off loan from proceeds of sale of joint venture - Whether joint venture required to indemnify paying partner - Whether Resolution bound joint venture to provide indemnity.

KARAFARIN BANK v MANSOURY-DARA

[2009] Lloyd's Rep Plus 61

Jurisdiction - Application for a stay of English proceedings - Concurrent proceedings in Iran - Abuse of process - Civil Jurisdiction and Judgments Act 1982, section 34.

SAGAL (TRADING AS BUNZ UK) v ATELIER BUNZ GMBH

[2009] Lloyd's Rep Plus 62

Agency - Whether agent was 'commercial agent' - Whether claimant entitled to compensation for termination of agency agreement - Commercial Agents (Council Directive) Regulations 1993, Regulations 2 and 17.

UBS AG v HSH NORDBANK AG

[2009] Lloyd's Rep Plus 63

Conflict of laws - Jurisdiction - Defendant domiciled in an EU member state - Whether exclusive jurisdiction agreement covered the dispute - Council Regulation (EC) 44/2001, article 23.

GEORGE v COASTAL MARINE 2004 LTD (THE "BON AMI")

[2009] Lloyd's Rep Plus 64

Contract - Implied term - Tort - Occupier's liability - Owner of wooden vessel contracting with wharfinger to moor vessel alongside tidal berth - Vessel grounding hollow and sustaining damage - Whether mooring contract contained implied warranty of safety - Whether wharfinger gave sufficient warning of danger - Whether claimant willingly accepted risk of grounding hollow - Whether wharfinger liable - Occupier's Liability Act 1957, sections 2(2), 2(4) and 2(5).

THE "ASIA STAR"

[2009] Lloyd's Rep Plus 65

Damages - Mitigation - Charterers unable to load cargo within agreed shipment period by reason of vessel's delay and unsuitability to receive cargo - Charterers claiming loss of profits and damages in respect of cargo not shipped or delayed shipment - Whether charterers suffered loss - Whether charterers reasonably mitigated their loss - Measure of damages recoverable.

INTERNET BROADCASTING CORPORATION LTD AND ANOTHER v MAR LLC

[2009] Lloyd's Rep Plus 66

Contract for supply of internet television channel - Construction of exemption clause - Defendant wrongfully terminated - Contract contained exemption clause excluding liability - Whether clause capable of excluding liability for personal wrongdoing.

WEBSTER THOMPSON LTD v J G PEARS (NEWARK) LTD OMEGA PROTEINS LTD (THIRD PARTY) NORTHERN COUNTIES MEAT LTD (FOURTH PARTY)

[2009] Lloyd's Rep Plus 67

Sale of goods - Breach - Satisfactory quality - Reasonably fit for purpose - Supply of Goods and Services Act 1982, section 4(2), (5) - Sale and Supply of Goods Act 1994 - Evidence - Value of hearsay evidence - Damages.

TRM COPY CENTRES (UK) LTD AND OTHERS v LANWALL SERVICES LTD

[2009] Lloyd's Rep Plus 68

Bailment - Inducing breach of contract - Claimant supplied photocopying machines - Defendant persuaded customers to use its machines - Whether defendant guilty of tort of inducing breach of contract - Whether claimant's agreements were terminable by notice by reason of being consumer hire agreements - Consumer Credit Act 1974, section 15.

SHASHOUA AND OTHERS v SHARMA

[2009] Lloyd's Rep Plus 69

Arbitration - Parties agreeing that venue of arbitration should be England - Whether parties agreeing that seat of arbitration should be in England - Anti-suit injunction - Whether English court retained jurisdiction to grant relief - Arbitration Act 1996, sections 3, 44 and 60 - Supreme Court Act 1981, section 37 - New York Convention 1958, article II(3).

EDO CORPORATION v ULTRA ELECTRONICS LTD

[2009] Lloyd's Rep Plus 70

Arbitration - Allegation of breach of contract involving use of confidential information - Application to court for pre-action disclosure - Whether court had jurisdiction to grant application - Arbitration Act 1996, sections 9 and 44 - Supreme Court Act 1981, section 33(2) - Civil Procedure Rules, Part 31.16.

MIDGULF INTERNATIONAL LTD v GROUPE CHIMICHE TUNISIEN

[2009] Lloyd's Rep Plus 71

Practice - Anti-suit injunction - Disputes arising under contract for sale of sulphur - Dispute as to whether contract contained London arbitration clause - Defendant bringing proceedings in Tunisia - Claimants applying for interim anti-suit injunction - Whether injunction should be granted - Whether claimant had established sufficiently high degree of probability that contract contained London arbitration clause.

MANSEL OIL LTD AND ANOTHER v TROON STORAGE TANKERS SA (THE "AILSA CRAIG")

[2009] Lloyd's Rep Plus 72

Charterparty (Time) - Shelltime 4 form - Charterers cancelling charter on basis that vessel not delivered - Whether charterers obliged to nominate delivery port prior to cancelling date - Time for making nomination.

(THE "WD FAIRWAY") (NO 3)

[2009] Lloyd's Rep Plus 73

Insurance (marine) - Vessel becoming constructive total loss - Insurers rejecting notice of abandonment but paying for constructive total loss - Vessel sold by assured to associated company at undervalue - Insurers thereafter asserting right of salvage - Whether insurers had opted to waive salvage rights - Law applicable to proprietary effects of transfer - Renvoi - Insolvency Act 1986, section 423

VITOL SA v CONOIL PLC

[2009] Lloyd's Rep Plus 74

Sale of goods - Agreements for sale of gasoil to be delivered by ship-to-ship transfer - Buyer failing to take up cargo - Whether binding contract concluded - Whether provision of letter of credit condition precedent to enforceability of contract - Damages - Whether "Delay Penalty Clause" enforceable by seller - Whether existence of demurrage provision disabled seller from recovering damages for buyer's failure to lift cargo on time - Whether seller entitled to damages for storing cargo not taken up.

MASRI v CONSOLIDATED CONTRACTORS INTERNATIONAL CO SAL AND OTHERS

[2009] Lloyd's Rep Plus 75

Practice - Judgment - Enforcement - Non-party - Judgment creditor applying for order requiring officer of judgment debtor company to attend court and provide information - Officer resident out of jurisdiction - Whether court had jurisdiction to make order - CPR 71.2 and 6.30(2).

THE "PEARL OF JEBEL ALI" AND THE "PRIDE OF AL SALAM 95"

[2009] Lloyd's Rep Plus 76

Collision action - Vessels colliding in Suez Canal - Whether counterclaim subject to two-year limitation period - Whether court should extend time for making counterclaim - Merchant Shipping Act 1995, sections 190(3) and 190(5).

WASA INTERNATIONAL INSURANCE CO AGF INSURANCE LTD v LEXINGTON INSURANCE CO

[2009] Lloyd's Rep Plus 77

Reinsurance – Facultative policy – Insurers covering liability against pollution losses for three-year period – Reinsurance taken out on same terms and conditions for 36 months – US courts ruling that insurers were liable for losses going back many years – Whether reinsurers liable to indemnify reinsured – Back-to-back cover – Meaning of deductible clause.

STONE & ROLLS LTD v MOORE STEPHENS

[2009] Lloyd's Rep Plus 78

Negligence - Auditors acting negligently in failing to notice that company was defrauding creditors - Action by company's liquidators - Whether ex turpi causa rule precluded action - Whether actions of sole shareholder were attributed to company - Scope of rule in In re Hampshire Land Co [1896] 2 Ch 743.

UR POWER GMBH v KUOK OILS AND GRAINS PTE LTD

[2009] Lloyd's Rep Plus 79

Arbitration - Dispute as to whether parties had entered into agreement - Jurisdiction - Substantial irregularity - Error of law - Whether obligation to open a letter of credit was a condition precedent to the making of a contract of sale - Separability of arbitration clause - Time limits for application to court under two-tier arbitration - Whether time should be extended - Arbitration Act 1996, sections 7, 30, 67, 68, 69, 70 and 80(3).

COWDEN AND ANOTHER v BRITISH AIRWAYS PLC

[2009] Lloyd's Rep Plus 80

Carriage by air - Montreal Convention - Loss of and delay to luggage - Whether claimants entitled to damages for distress and inconvenience - Meaning of "damage" - Montreal Convention, articles 17 and 19.

KG BOMINFLOT BUNKERGESELLSCHAFT FUR MINERALOLE MBH & CO KG v PETROPLUS MARKETING AG (THE "MERCINI LADY")

[2009] Lloyd's Rep Plus 81

Sale of goods (fob) - Contract for sale of gasoil - Cargo conforming with specification on shipment but failing to conform at discharge - Whether contract contained implied term that goods would be of satisfactory quality following a normal voyage - Sale of Goods Act 1979, sections 14(2) and 14(3).

MATRIX EUROPE LTD (IN LIQUIDATION) AND ANOTHER v UNISERVE NORTHERN LTD AND ANOTHER (NO 2)

[2009] Lloyd's Rep Plus 82

Carriage of goods by road – Sub-bailment – Freight forwarder contracting to carry cargo of mobile telephone adaptors from shipper’s premises to airport and thence by air to Hong Kong – Subcontractor mistakenly delivering goods to third party’s premises near airport – Third party accepting goods as sub-bailee – Goods stolen the following day – Shipper bringing proceedings against third party and freight forwarder – Whether third party failed to exercise reasonable care – Whether failure to exercise reasonable care caused shipper’s loss – Whether BIFA terms applied – Whether third party entitled to indemnity from freight forwarder.

PETROPLUS MARKETING AG v SHELL TRADING INTERNATIONAL LTD (THE "NINAE")

[2009] Lloyd's Rep Plus 83

Sale of goods (fob) - Contract for sale of high sulphur fuel oil - Price based on Platts quotation for bill of lading date - Contract providing for payment in full without deduction - Delay in shipment caused by sellers' breach of contract - Market price of oil increasing between last contractual shipment date and actual shipment date - Whether sellers precluded from recovering increase in price caused by delay in shipment - Whether sellers seeking to rely on own wrong.

HIGHLAND CRUSADER OFFSHORE PARTNERS LP AND OTHERS v DEUTSCHE BANK AG AND ANOTHER

[2009] Lloyd's Rep Plus 84

Jurisdiction - Non-exclusive jurisdiction clause in favour of England - Respondent commencing proceedings in Texas - Applicant commencing proceedings in England - Whether anti-suit injunction should be granted.

PAPAS OLIO JSC v GRAINS & FOURRAGES SA AND ANOTHER

[2009] Lloyd's Rep Plus 85

Arbitration - FOSFA - Appeal against award to be made within 42 days - Whether award sent to appellant's correct address so as to trigger running of time - FOSFA, rules 6, 7 and 11.

MEDITERRANEAN SALVAGE & TOWAGE LTD v SEAMAR TRADING & COMMERCE INC (THE "REBORN")

[2009] Lloyd's Rep Plus 86

Charterparty (Voyage) - Specific load port named in voyage charter - Port containing several berths to which vessel could be directed to load - Vessel sustaining damage while berthing -Whether charterparty containing implied term that charterers must nominate safe berth.

COMMERCIAL MARINE & PILING LTD v PIERSE CONTRACTING LTD

[2009] Lloyd's Rep Plus 87

Conflict of laws - Jurisdiction - Guarantee - Irish company guaranteeing debt owed in England - Whether obligation in question to be performed in England - English law applicable to guarantee - Debtor required to seek out creditor - Rome Convention 1980, article 4.2 and 4.5 - Council Regulation EC (No) 44/2001, article 5.

ACCENTUATE LTD v ASIGRA INC

[2009] Lloyd's Rep Plus 88

Arbitration - Agency - Agreement governed by Ontario law - Obligation to go to arbitration in Ontario - Arbitrators applying Ontario law and dismissing agent's claim for compensation - Whether arbitration clause binding - Permission for service outside the jurisdiction - Commercial Agents (Council Directive) Regulations 1993, Regulations 17 and 19 - CPR 6.20.

THE SHIPPING CORPORATION OF INDIA LTD v JALDHI OVERSEAS PTE LTD (THE "RISHIKESH")

[2009] Lloyd's Rep Plus 89

Admiralty practice - Maritime attachment - Jurisdiction - Attachment of electronic fund transfers in intermediary bank - Whether funds "defendant's ... property" - Whether funds subject to maritime attachment - Supplemental Rules for Certain Admiralty and Maritime Claims, Rule B.

LANSAT SHIPPING CO LTD v GLENCORE GRAIN BV (THE "PARAGON")

[2009] Lloyd's Rep Plus 90

Charterparty (Time) - Late redelivery - Charterparty clause providing that in event of late redelivery charterers will pay market rate of hire from 30th day before contractual redelivery date until actual redelivery - Whether clause a penalty.

ENVIROCO LTD v FARSTAD SUPPLY A/S (THE "FAR SERVICE")

[2009] Lloyd's Rep Plus 91

Charterparty - Exemption clause allocating insurable risk between shipowners and charterers and their "Affiliates" - Vessel sustaining fire damage during cleaning of oil tanks by service company related to charterers - Whether service company entitled to benefit of exemption clause on basis that it was an "Affiliate" of charterers - Companies Act 1985, sections 736(1)(c) and 736A(7).

SHELL EGYPT WEST MANZALA GMBH AND ANOTHER v DANA GAS EGYPT LTD

[2009] Lloyd's Rep Plus 92

Arbitration - Error of law - Application for permission to appeal - Arbitration agreement stating that award was to be "final, conclusive and binding" - Whether parties had excluded right of appeal - Arbitration Act 1996, section 69.

COMPANIA SUD AMERICANA DE VAPORES SA v SINOCHEM TIANJIN IMPORT AND EXPORT CORPORATION (THE "ACONCAGUA")

[2009] Lloyd's Rep Plus 93

Carriage by sea - Dangerous cargo - Explosion of cargo of calcium hypochlorite in container - Cargo stowed near bunker tank - Crew heating bunker tank during voyage - Charterers settling claim brought by shipowners - Whether charterers entitled to indemnity from shippers - Whether charterers ought to have known that cargo was dangerous - Whether heating of bunker tank causative of explosion - Meaning of requirement to stow dangerous cargo "away from" source of heat - Whether charterers in breach of seaworthiness obligation - Whether loss arose from excepted peril - Hague Rules article IV, rule 6 and article IV, rule 2(a).

INTA NAVIGATION LTD AND ANOTHER v RANCH INVESTMENTS LTD AND ANOTHER

[2009] Lloyd's Rep Plus 94

Sale of ship - Right of first refusal - MOA on Norwegian Sale Form terms - Buyers agreeing to purchase newbuilding vessel with right of first refusal to purchase second newbuilding vessel - Sellers giving notice to buyers of sale of second newbuilding to third party on "novation terms" - Buyers exercising right of first refusal - Whether resulting contract on Norwegian Sale Form terms or on novation terms.

ENE KOS v PETROLEO BRASILEIRO SA (THE "KOS")

[2009] Lloyd's Rep Plus 95

Charterparty (Time) - Withdrawal of vessel for non-payment of hire - Whether owners entitled to damages for detention while charterers' cargo remained on board and for consumption of bunkers - Whether owners entitled to recover as bailees - Whether owners entitled to recover expenses of providing bank guarantee - Whether "costs of or incidental to proceedings" - Supreme Court Act 1981, section 51.

SECRETARY OF STATE FOR TRANSPORT v STAGECOACH SOUTH WESTERN TRAINS LTD

[2009] Lloyd's Rep Plus 96

Arbitration - Franchise agreement - Dispute as to whether calculation of future payments fell within arbitration clause - Arbitration Act 1996, section 72.

Lloyd's Law Reports Plus