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ALLIANCE BANK JSC v AQUANTA CORPORATION AND OTHERS
[2013] Lloyd's Rep Plus 1
Conflict of laws - Service outside the jurisdiction - Subrogation - Implied contract - Law applicable to tort - Civil Procedure Rules, Practice Direction 6B, paras 3.1(3) and 3.1(6).
WUHAN OCEAN ECONOMIC & TECHNICAL COOPERATION CO LTD AND ANOTHER v SCHIFFAHRTS-GESELLSCHAFT "HANSA MURCIA" MBH & CO KG
[2013] Lloyd's Rep Plus 2
Contract - Shipbuilding contract - Sellers procuring refund guarantee in respect of repayment of instalments of purchase price - Guarantee expiring on 30 June 2010 - Parties agreeing to delayed delivery date in October 2011 - Sellers undertaking to extend validity of guarantee - Whether implied term that sellers should procure extension within reasonable time - Whether implied term innominate term - Whether sellers in repudiatory breach in failing to procure extension within reasonable time - Whether buyers validly terminated contract for accepted repudiation.
CUADRENCH MORE v KONINKLIJKE LUCHTVAART MAATSCHAPPIJ NV (KLM)
[2013] Lloyd's Rep Plus 3
Carriage by air (passengers) - Limitation period - Regulation (EC) No 261/2004 conferring rights of compensation to passengers in the event of cancellation of flight - Whether time limits for bringing actions for compensation under Regulation determined by article 35 of Montreal Convention or in accordance with each member state's rules for limitation of actions.
SEALION SHIPPING LTD AND ANOTHER v VALIANT INSURANCE COMPANY (THE “TOISA PISCES”)
[2013] Lloyd's Rep Plus 4
Insurance (marine) – Loss of hire policy – Causation – Aggregation – Whether one or three occurrences giving rise to loss.
ASES HAVACILIK SERVIS VE DESTEK HIZMETLERI AS v DELKOR UK LTD
[2013] Lloyd's Rep Plus 5
Arbitration - Jurisdiction - Contract of supply - Conflicting arbitration clauses in separate documents - Law applicable to determining which document was contractual - Effect of slip rule - Reservation of rights on jurisdiction - Estoppel - Arbitration Act 1996, sections 57, 67, 70(2), 72, 73 and 82(1).
ARSANOVIA LTD AND OTHERS v CRUZ CITY 1 MAURITIUS HOLDINGS
[2013] Lloyd's Rep Plus 6
Arbitration - Jurisdiction - Express choice of Indian law to govern substantive agreement - Express choice of England as the seat - Determination of the law applicable to the arbitration agreement - Express or implied choice - Closest connection -Arbitration Act 1996, sections 30, 67 and 73.
MOONDANCE MARITIME ENTERPRISES SA v CARBOFER MARITIME TRADING APS (THE "MOONDANCE II")
[2013] Lloyd's Rep Plus 7
Practice - Security for costs - Charterers obtaining favourable arbitration award and award of costs against shipowners - Shipowners challenging award for serious irregularity - Whether charterers entitled to security in respect of costs award - Whether costs payable âÂÂunder the awardâ notwithstanding that no assessment had yet taken place - Whether charterers entitled to security for costs in respect of owners' challenge - Whether owners entitled to rely on equitable cross-claim - Arbitration Act 1996, sections 68, 70(6) and 70(7)- CPR 25.13(2)(g).
PROFINDO PTE LTD v ABANI TRADING PTE LTD (THE MV "ATHENS")
[2013] Lloyd's Rep Plus 8
Sale of goods (cfr) - Demurrage - Whether laytime suspended when carrying vessel forced to leave berth during discharge - Whether sellers entitled to damages for loss of earnings for buyers' delay in paying demurrage - Whether sellers liable for short delivery.
ROYAL BANK OF SCOTLAND PLC v FAL OIL CO LTD AND OTHERS
[2013] Lloyd's Rep Plus 9
Practice - Worldwide freezing injunctions and disclosure orders granted in support of foreign substantive proceedings - Whether orders should be continued - Civil Jurisdiction and Judgments Act 1982, section 25.
KG BOMINFLOT BUNKERGESELLSCHAFT FUR MINERALOLE MBH & CO v PETROPLUS MARKETING AG (THE "MERCINI LADY") (NO 2)
[2013] Lloyd's Rep Plus 10
Sale of goods (fob) - Sale of gasoil - Sediment levels found to exceed specification at discharge port - Whether gasoil unstable - Whether seller in breach of statutorily implied term of satisfactory quality - Quantum of damages - Sale of Goods Act 1979, sections 14(2), 53(2) and 53(3).
YILPORT KONTEYNER TERMINALI VE LIMAN ISLETMELERI AS v BUXCLIFF KG AND OTHERS (THE "CMA CGM VERLAINE")
[2013] Lloyd's Rep Plus 11
Contract - Port operator agreeing with shipowners to discharge damaged containers - No specific agreement as to level of charges to be imposed - Whether port operator's charges fell within scope of P&I Club letter of indemnity - Whether port operator entitled to charge uplifted rates - Whether charges challengeable only on basis of Wednesbury unreasonableness - Whether detailed vouching of expenditure necessary.
ESPADA SANCHEZ AND OTHERS v IBERIA LINEAS AEREAS DE ESPANA SA
[2013] Lloyd's Rep Plus 12
International carriage by air - Liability for loss of baggage - Passenger placing items in baggage checked in by another passenger on same flight - Baggage lost during flight - Whether first passenger entitled to compensation for lost items notwithstanding he had not obtained a baggage identification tag - Whether compensation limit of 1,000 SDR applicable to each piece of checked baggage or to each individual passenger - Montreal Convention 1999, articles 3(3), 17(2) and 22(2).
BREFFKA & HEHNKE GMBH & CO KG AND OTHERS v NAVIRE SHIPPING CO LTD AND OTHERS (THE "SAGA EXPLORER")
[2013] Lloyd's Rep Plus 13
Carriage of goods by sea - Bills of lading - Cargo of steel pipes found to be rust-damaged on arrival - Whether bills of lading containing fraudulent representations as to order and condition of cargo on shipment - "Retla" clause - Whether German procedural agent acting for insurers of cargo owner had title to sue - Whether claimant entitled to damages for fraudulent misrepresentation.
DALMARE SPA v UNION MARITIME LTD (THE "UNION POWER")
[2013] Lloyd's Rep Plus 14
Sale of ship - Norwegian Saleform 1993 - Whether term as to satisfactory quality to be implied - Sale of Goods Act 1979, section 14(2).
VTB CAPITAL PLC v NUTRITEK INTERNATIONAL CORPORATION AND OTHERS
[2013] Lloyd's Rep Plus 15
Conflict of laws - Service out of the jurisdiction - Forum non conveniens - English subsidiary of Russian bank bringing claims in tort in deceit and conspiracy - Whether England appropriate forum - Applicable law of the tort - Private International Law (Miscellaneous Provisions) Act 1995, sections 11 and 12.
MALHOTRA v MALHOTRA AND ANOTHER
[2013] Lloyd's Rep Plus 16
Arbitration - Anti-suit injunction - Proceedings brought in India - Whether the claims in India fell within the arbitration clause - Whether there were good reasons to refuse injunctive relief - Arbitration Act 1996, sections 2 and 44 - Senior Courts Act 1981, section 37.
LOZMAN v CITY OF RIVIERA BEACH, FLORIDA
[2013] Lloyd's Rep Plus 17
Admiralty jurisdiction – Floating home – Whether a “vessel”.
DAEBO SHIPPING CO LTD v THE SHIP “GO STAR”
[2013] Lloyd's Rep Plus 18
Tort – Bunkers – Conversion – String of time charters on Asbatime NYPE 1981 form – Charterers to “take over” bunkers on delivery – Shipowners refusing sub-charterers’ demand for redelivery of bunkers – Whether shipowners converted bunkers – Whether sub-charterers had title to sue shipowners for conversion – Whether shipowners liable for tort of inducing breach of contract – Lex loci delicti.
MCDONAGH v RYANAIR LTD
[2013] Lloyd's Rep Plus 19
Aviation law - Air transport - Notion of "extraordinary circumstances" - Obligation to provide assistance to passengers in the event of cancellation of a flight due to "extraordinary circumstances" - Volcanic eruption leading to the closure of air space - Eruption of the Icelandic volcano Eyjafjallajokull - European Parliament and Council Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Council Regulation (EEC) No 295/91 (repealed).
FHR EUROPEAN VENTURES LLP AND OTHERS v MANKARIOUS AND OTHERS
[2013] Lloyd's Rep Plus 20
Agency - Secret commission earned by agent - Whether principal entitled to proprietary or personal remedy - Constructive trust.
NYK BULKSHIP (ATLANTIC) NV v CARGILL INTERNATIONAL SA (THE "GLOBAL SANTOSH")
[2013] Lloyd's Rep Plus 21
Charterparty (Time) - Off-hire - Vessel detained by court order at discharge port - Order procured by C&F seller to secure demurrage claim against cargo receivers - Whether sellers and/or receivers "agents" of charterers - Whether vessel off-hire.
REFCOMP SPA v AXA CORPORATE SOLUTIONS ASSURANCE SA AND OTHERS
[2013] Lloyd's Rep Plus 22
Judicial cooperation in civil matters - Jurisdiction clause in a contract concluded between the manufacturer and the initial buyer of goods - Contract forming part of a chain of contracts transferring ownership - Whether that clause may be relied on against the sub-buyer of the goods) â Consent of sub-buyer required for jurisdiction clause in contract concluded between manufacturer and buyer of goods - Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, article 23.
BUNGE SA v KYLA SHIPPING CO LTD (THE "KYLA") [2012] EWHC 3522 (Comm)
[2013] Lloyd's Rep Plus 23
Charterparty (Time) - Frustration - Vessel damaged in course of time-chartered service - Cost of repairs exceeding sound market value of vessel - Owners warranting that vessel would be insured throughout currency of charter - Insured value exceeding cost of repairs - Whether charter frustrated.
YAM SENG PTE LTD v INTERNATIONAL TRADE CORPORATON LTD
[2013] Lloyd's Rep Plus 24
Distribution agreement - Whether products were shipped "promptly" after orders - Requirement to supply by specified dates - Effect of stated intention to appoint another distributor - Implied duty of supplier to act in good faith - Misrepresentation - Measure of damages - Misrepresentation Act 1967, section 2.
FALKONERA SHIPPING CO v ARCADIA ENERGY PTE LTD (THE "FALKONERA")
[2013] Lloyd's Rep Plus 25
Charterparty (Voyage) - Ship-to-ship transfer - BPVOY4 form â Whether charterparty precluded transfer from VLCC to VLCC - Whether owners unreasonably withheld consent to transfer to VLCC.
VFS FINANCIAL SERVICES LTD v J F PLANT TYRE SERVICES LTD
[2013] Lloyd's Rep Plus 26
Hire-purchase agreement - Nemo dat quod non habet - Truck rented by claimant to third party - Third party owing monies to defendant - Defendant by novation of agreement with third party first renting - Hire Purchase Act 1964 sections 27 and 29 - Sale of Goods Act 1979.
BARCLAYS BANK PLC v UNICREDIT BANK AG AND ANOTHER
[2013] Lloyd's Rep Plus 27
Banking - Loan securitisations - Whether claimant bank exercised discretion in "commercially reasonable manner" in refusing to consent to early termination â Whether âentire agreementâ clause precluded reliance on shared or acquiesced in understanding or estoppel - Whether claimant unreasonable in seeking to hold defendants to performance of contractual obligations.
BP OIL INTERNATIONAL LTD v TARGET SHIPPING LTD (THE "TARGET")
[2013] Lloyd's Rep Plus 28
Charterparty (Voyage) - Freight - Tanker voyage charter - Whether overage freight payable on transatlantic voyage - Whether charterers overpaid freight - BPVOY4 form.
BUNGE SA v NIDERA BV (THE "UNION POWER")
[2013] Lloyd's Rep Plus 29
Sale of goods (fob) - Contract for sale of milling wheat fob Novorossiysk - Russian Government issuing export ban - Whether sellers entitled to cancel contract - Whether cancellation constituted wrongful repudiation of contract - GAFTA Prohibition Clause - Whether sellers entitled to nominal damages only - GAFTA Default Clause - GAFTA 49.
CARLYLE CAPITAL CORPORATION LTD (IN LIQUIDATION) AND OTHERS v CONWAY AND OTHERS
[2013] Lloyd's Rep Plus 30
Practice - Anti-anti-suit injunction - Liquidators of Guernsey company bringing common law and statutory claims against former directors and managers - One defendant having benefit of exclusive Delaware jurisdiction clause - Whether non-statutory claims should be litigated in Delaware - Whether liquidators entitled to anti-anti-suit injunction restraining Delaware proceedings.
CADOGAN MARITIME INC v TURNER SHIPPING INC
[2013] Lloyd's Rep Plus 31
Arbitration - Additional award - Whether tribunal had power to make additional award in respect of accrued interest on refund guarantee - Whether claim for accrued interest "presented to" tribunal - Whether claim "dealt with" in original award - Arbitration Act 1996, section 57(3)(b).
U&M MINING ZAMBIA LTD v KONKOLA COPPER MINES PLC
[2013] Lloyd's Rep Plus 32
Practice - Anti-suit injunction - English court granting ex parte injunction restraining defendant from pursuing proceedings in Zambia for interim relief in support of London arbitration to be brought by claimant in England - Whether seat of arbitration England or Zambia - Whether courts of seat of arbitration exclusive forum from which to grant interim relief - Whether injunction should be discharged.
KUDOS CATERING (UK) LTD v MANCHESTER CENTRAL CONVENTION COMPLEX LTD
[2013] Lloyd's Rep Plus 33
Contract - Exclusion clause - Claimant agreeing to provide catering services at defendantâs conference centres for five-year period - Defendant terminating agreement after three years - Claimant bringing proceedings for repudiatory breach and claiming loss of profits - Defendant relying on exclusion clause providing that defendant should have no liability whatsoever for loss of business profits - Whether exclusion clause excluded all liability for loss of profits.
WESTWOOD SHIPPING LINES INC AND ANOTHER v UNIVERSAL SCHIFFAHRTSGESELLSCHAFT MBH (FORMERLY GMB SCHIFFAHRTS GMBH) AND ANOTHER
[2013] Lloyd's Rep Plus 34
Practice - Disclosure - Documentation produced in confidential arbitration - Whether claimants entitled to rely on documentation in support of proposed Commercial Court claim for unlawful conspiracy - Whether confidentiality waived - Whether disclosure necessary in interests of justice.
NOVASEN SA v ALIMENTA SA
[2013] Lloyd's Rep Plus 35
Sale of goods (cif) - Contract for sale of groundnut oil cif Genoa - Senegal Government issuing export ban - Sellers notifying buyers of export ban - FOSFA Prohibition Clause - Whether sellers entitled to nominal damages only - FOSFA Default Clause - FOSFA 201.
NAVIG8 PTE LTD v AL-RIYADH CO FOR VEGETABLE OIL INDUSTRY (THE "LUCKY LADY")
[2013] Lloyd's Rep Plus 36
Conflict of laws - Service out of jurisdiction - Forum non conveniens - Whether claim for anti-suit injunction "in respect of" contract governed by English law - Whether defendant's conduct unconscionable - Whether England appropriate forum for negative declaration claims - Whether claims served useful purpose.
LISNAVE ESTALEIROS NAVAIS SA v CHEMIKALIEN SEETRANSPORT GMBH
[2013] Lloyd's Rep Plus 37
Arbitration - Jurisdiction - Implied term - Course of dealing - Ship management company and Portuguese shipyard concluding Ship Repair Fleet Agreement applying to future dry-docking and repairs to ships under management - No express provision in Agreement for arbitration - Whether Agreement contained implied term for arbitration on basis that previous individual ship repair contracts had contained provision for arbitration - Arbitration Act 1996, section 67.
OLYMPIC AIRLINES SA v ACG ACQUISITION XX LLC
[2013] Lloyd's Rep Plus 38
Aviation - Aircraft lease - Certificate of Acceptance of aircraft - Whether signed certificate conclusive proof of the condition of aircraft - Whether certificate giving rise to an estoppel in respect of the condition of the aircraft - Contractual estoppel - Equitable estoppels.
FORTRESS VALUE RECOVERY FUND I LLC AND OTHERS v BLUE SKYE SPECIAL OPPORTUNITIES FUND LP AND OTHERS
[2013] Lloyd's Rep Plus 39
Arbitration - Effect of arbitration clause upon third party - Contract between A and B conferring immunity from suit on C in proceedings by B - Whether C entitled to stay of judicial proceedings brought by B - Arbitration Act 1996, section 9 - Contracts (Rights of Third Parties) Act 1999, sections 1 and 8.
MRI TRADING AG v ERDENET MINING CORPORATION LLC
[2013] Lloyd's Rep Plus 40
Arbitration - Appeal on point of law - Sale of goods - Whether contract of sale to be read alone or construed in conjunction with earlier settlement agreement - Whether contract of sale binding - Whether award should be remitted to the arbitrators - Arbitration Act 1996, section 69.
TRAFIGURA BEHEER BV v RAVENNAVI SPA (THE "PORT RUSSEL")
[2013] Lloyd's Rep Plus 41
Charterparty (Voyage) - Demurrage - Notice of readiness - Whether notices of readiness could be served by email - BPVOY3 form.
KUWAIT ROCKS CO v AMN BULKCARRIERS INC (THE "ASTRA")
[2013] Lloyd's Rep Plus 42
Charterparty (Time) - Hire - Owners withdrawing vessel for non-payment of hire - Whether obligation to make punctual payments of hire a condition - Whether charterers in repudiatory breach - Whether owners entitled to recover damages for loss of bargain - Whether compensation clause in charterparty addenda a penalty clause - New York Produce Exchange 1946 form, clause 5.
DRY BULK HANDY HOLDING INC AND ANOTHER v FAYETTE INTERNATIONAL HOLDINGS LTD AND ANOTHER (THE "BULK CHILE")
[2013] Lloyd's Rep Plus 43
Charterparty (Time) - Charterers failing to pay hire - Whether owners entitled to intercept freight payable by shipper - Whether notices effective to require bill of lading freight to be paid to owners - Owners withdrawing vessel from charterers' service - Whether sub-time-charterers requested owners to complete voyage - Whether sub-time-charterers obliged to pay reasonable remuneration - New York Produce Exchange 1946 form.
BUCKLEY v MONARCH AIRLINES LTD
[2013] Lloyd's Rep Plus 44
International carriage by air - Passenger sustaining personal injury during flight when cup containing hot liquid spilt into her lap - Whether injury caused by "accident" - Montreal Convention, article 17.
GRIFFON SHIPPING LLC v FIRODI SHIPPING LTD (THE "GRIFFON")
[2013] Lloyd's Rep Plus 45
Sale of ship - Deposit - Sale agreement providing for payment of 10 per cent deposit by buyers - Buyers failing to pay deposit - Sellers terminating contract for accepted repudiation and/or pursuant to contractual cancellation clause - Whether sellers entitled to recover unpaid deposit or restricted to recovering compensation in lesser amount - Norwegian Saleform 1993, clause 13.
BRAGANZA v BP SHIPPING LTD AND ANOTHER (THE "BRITISH UNITY")
[2013] Lloyd's Rep Plus 46
Contract - Death benefits - Crew member disappearing at sea in North Atlantic - Employment contract providing for payment of death benefits except where employer formed opinion that death was result of wilful act - Deceasedâs widow claiming death benefits - Employer forming opinion that death was suicide and that death benefits were not payable - Whether employer misdirected itself in law - Whether employer's opinion as to cause of death reasonable.
CADOGAN PETROLEUM HOLDINGS LTD v GLOBAL PROCESS SYSTEMS LLC
[2013] Lloyd's Rep Plus 47
Sale of goods - Property passed to buyer - Sums paid and owing to seller - Whether seller entitled to recover sums payable and to retain sums paid and the subject matter following termination of sale contract - Construction of contract - Relief from forfeiture - Rule against penalties - Total failure of consideration.
HYUNDAI MERCHANT MARINE CO LTD v AMERICAS BULK TRANSPORT LTD (THE "PACIFIC CHAMP")
[2013] Lloyd's Rep Plus 48
Charterparty (Time) - Consensus ad idem - Whether parties concluded fixture - Arbitration - Whether arbitrators had jurisdiction to determine dispute.
STANDARD CHARTERED BANK v DORCHESTER LNG (2) LTD (THE "ERIN SCHULTE")
[2013] Lloyd's Rep Plus 49
Carriage of goods by sea - Title to sue - Bank bringing claim for damages against shipowner for misdelivery and conversion of cargo delivered without production of bills of lading - Whether bank became lawful holder of bills of lading - Whether bank accepted delivery of indorsed bills - Meaning of "delivery" - Whether shipowner in breach of contract of carriage - Whether bank sustained loss - Carriage of Goods by Sea Act 1992, sections 5(2)(b) and 2(2)(a).
ARBUTHNOT LATHAM & CO LTD v M3 MARINE LTD AND ANOTHER
[2013] Lloyd's Rep Plus 50
Conflict of laws - Jurisdiction - Proceedings brought by defendants in France and by claimant in England - Whether French or English court was the court first seised - Date on which French originating document "received by the authority responsible for service" - Whether document had to be received by both fax and post - Regulation (EC) No 44/2001, articles 27, 28 and 30 - Regulation (EC) No 1393/2007.
SKNL (UK) LTD v TOLL GLOBAL FORWARDING
[2013] Lloyd's Rep Plus 51
Freight forwarders - BIFA terms - Whether BIFA terms incorporated into contract - Anti-set off clause - Whether running account between parties - Whether customer entitled to set off overpayments in respect of prior transactions - Whether anti-set off clause satisfied requirements of reasonableness - Whether freight forwarder entitled to summary judgment on counterclaim - Unfair Contract Terms Act 1977.
KULEMESIN AND ANOTHER v HKSAR
[2013] Lloyd's Rep Plus 52
Criminal law - Offence of endangering safety of others - Vessels colliding in buoyed channel leading to loss of life - Prosecution brought against master of one vessel and senior pilot of other vessel - Whether offence of absolute liability - Appeals against conviction - Whether lower courts erred in law - Whether "proviso" should be applied - Whether buoyed channel a "narrow channel" - Shipping and Port Control Ordinance, section 72 and Criminal Procedure Ordinance, section 83 - Collision Regulations, rule 9.
GREATSHIP (INDIA) LTD v OCEANOGRAFIA SA DE CV (THE "GREATSHIP DHRITI")
[2013] Lloyd's Rep Plus 53
Charterparty (Time) - Owners having right to suspend performance of services pending non-payment of hire - Whether owners required to give five days' notice of intention to exercise right to suspend performance - Supplytime 1989 form, clause 10(e).
LAWLOR v SANDVIK MINING AND CONSTRUCTION MOBILE CRUSHERS AND SCREENS LTD
[2013] Lloyd's Rep Plus 54
Agency - Termination - Right to compensation under Commercial Agents Directive, Council Directive 86/653/EEC - Whether assessment of compensation to be made under English or Spanish law - Convention on the Law Applicable to Contractual Obligations 1980 (Rome Convention), articles 3 and 4.
CENTEL SHIPPING CO LTD v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “KING COAL”
[2013] Lloyd's Rep Plus 55
Admiralty jurisdiction – Assignee of wages due to master and crew members bringing action in rem and arresting vessel – Whether court had in rem jurisdiction.
BEIJING JIANLONG HEAVY INDUSTRY GROUP v GOLDEN OCEAN GROUP LTD AND OTHERS
[2013] Lloyd's Rep Plus 56
Arbitration - Validity of arbitration clause - Guarantees allegedly illegal under Chinese law - Disputes to be arbitrated in England â Public policy - Arbitration Act 1996, sections 7 and 67.
CHIMBUSCO PAN NATION PETRO-CHEMICAL CO LTD v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "DECURION"
[2013] Lloyd's Rep Plus 57
Admiralty jurisdiction - Arrest - Plaintiffs arresting ship to recover price of bunkers supplied to 10 other vessels - Whether claim fell within court's admiralty jurisdiction - Whether defendants were "in control" of the 10 other vessels when cause of action arose - High Court Ordinance, section 12B(4).
SEAGRAIN LLC v GLENCORE GRAIN BV
[2013] Lloyd's Rep Plus 58
Sale of goods (c&f) - Contract for sale of feed wheat of Ukrainian or Russian origin c&f Haifa or Ashdod - Russian wheat subject to export ban - Whether sellers discharged from liability to perform contract - Meaning of "executive act restricting export" - GAFTA Prohibition Clause.
WHITE ROSEBAY SHIPPING SA v HONG KONG CHAIN GLORY SHIPPING LTD (THE "FORTUNE PLUM")
[2013] Lloyd's Rep Plus 59
Charterparty (Time) - Renunciation - Charterers renunciating charterparty by failing to pay hire - Whether owners affirmed charter - Whether charterers continued to renounce charterparty following owners' affirmation - Whether arbitrators erred in law.
GOLDEN OCEAN GROUP LTD v HUMPUSS INTERMODA TRANSPORTASI TBK LTD AND ANOTHER (THE "BARITO")
[2013] Lloyd's Rep Plus 60
Practice - Claim form - Service out of the jurisdiction - Dispute as to identity of chartering owner - Dispute as to whether charterparty provided for arbitration in London or in Singapore - Charterers obtaining London arbitration award - Charterers bringing proceedings for declarations, enforcement of award, and injunction to restrain arbitration proceedings commenced in Singapore - Privity - Whether permission should be granted to serve claim form out of jurisdiction - Arbitration Act 1996, sections 9(1) and 9(4).
X v Y
[2013] Lloyd's Rep Plus 61
Arbitration - Appeal against an award - Application by respondent for security for costs - Application by respondent for payment of amount of award into court - Arbitration Act 1996, sections 67, 68, 70(6) and 70(7).
ECOM AGROINDUSTRIAL CORPORATION LTD v MOSHARAF COMPOSITE TEXTILE MILL LTD
[2013] Lloyd's Rep Plus 62
Arbitration - Anti-suit injunction - Judicial proceedings commenced in Bangladesh - Whether there was breach of an arbitration clause - Whether there was good reason not to grant anti-suit injunction - Declaratory relief - Senior Courts Act 1981, section 37 - Arbitration Act 1996, section 7.
MAURITIUS COMMERCIAL BANK LTD v HESTIA HOLDINGS LTD AND ANOTHER
[2013] Lloyd's Rep Plus 63
Conflict of laws - Jurisdiction - Applicable law - Variation of law applicable to agreement after agreement made - Validity of unilateral exclusive jurisdiction clause - Rome I Regulation, European Parliament and Council Regulation 593/2008/EC - CPR 6.11.1.
CIMC RAFFLES OFFSHORE (SINGAPORE) LTD AND ANOTHER v SCHAHIN HOLDING SA
[2013] Lloyd's Rep Plus 64
Banking - Guarantee - Summary judgment - Defendant guaranteeing sums due under shipbuilding contracts on delivery of drilling rigs - Shipbuilding contracts subsequently varied to provide for substantial increase in sums due on delivery - Whether subsequent variation discharged defendant from liability - Whether subsequent variation within purview of guarantee - Whether shipbuilder entitled to summary judgment.
VERSLOOT DREDGING BV v HDI-GERLING INDUSTRIE VERSICHERUNG AG (THE "DC MERWESTONE")
[2013] Lloyd's Rep Plus 65
Insurance (marine) - Time policy - Institute Time Clauses Hulls 1983 - Institute Additional Perils Clauses - Perils of the seas - Inchmaree clause - Negligence of crew and repairers - Due diligence - Whether vessel unseaworthy - Measure of indemnity - Fraudulent claim - Fraudulent means and devices - Marine Insurance Act 1906, sections 39(5), 55 and 69.
METALL MARKET OOO v VITORIO SHIPPING CO LTD (THE "LEHMANN TIMBER")
[2013] Lloyd's Rep Plus 66
General average - Lien - Shipowner exercising lien over cargo for general average contribution - Shipowner accepting insurers' guarantee in respect of one portion of cargo - Cargo consignee refusing to provide general average bond - Whether shipowner's acceptance of insurers' guarantee discharged lien - Whether shipowner entitled to recover costs of storing liened cargo.
BUNGE SA v KYLA SHIPPING CO LTD (THE "KYLA")
[2013] Lloyd's Rep Plus 67
Practice - Appeal - Commercial Court allowing charterers' appeal from arbitration award on question of law - Commercial Court refusing to grant owners leave to appeal to Court of Appeal -Whether Court of Appeal has jurisdiction to grant permission to appeal - Arbitration Act 1996, section 69(8).
THE M/V "UNION GOLD" THE M/V "UNION SILVER" THE M/V "UNION EMERALD" THE M/V "UNION PLUTO"
[2013] Lloyd's Rep Plus 68
Admiralty practice - Application by mortgagee for sale of vessels pendente lite - Mortgagee obtaining its own valuations and asking that vessels be sold at a certain price to a certain buyer - Whether court should depart from usual order that Admiralty Marshal should sell vessel by appraisement, advertisement and inviting bids.
UST-KAMENOGORSK HYDROPOWER PLANT JSC v AES UST-KAMENOGORSK HYDROPOWER PLANT LLP
[2013] Lloyd's Rep Plus 69
Arbitration - Anti-suit injunction - Claim to prevent action being pursued in Kazakh courts in breach of arbitration clause - Judgment of court holding that there was no arbitration clause - Jurisdiction of English court to grant relief - Jurisdiction of English court to give permission for service out - Arbitration Act 1996, sections 1(c) and 44 - Senior Courts Act 1981, section 37 - Civil Procedure Rules, rule 62(5) and Practice Direction 6, para 3.1 - Civil Jurisdiction and Judgments Act 1982, section 32.
MENELAOU v BANK OF CYPRUS UK LTD
[2013] Lloyd's Rep Plus 70
Subrogation – Unjust enrichment – Unpaid vendor’s lien – Whether bank entitled to be subrogated to unpaid vendor’s lien even though not directly providing the funds for the purchase.
ANTONIO GRAMSCI SHIPPING CORPORATION AND OTHERS v LEMBERGS
[2013] Lloyd's Rep Plus 71
Jurisdiction - Allegation that defendant was party to jurisdiction clause - Lifting the veil - European Council Regulation (EC) No 44/2001 (Brussels Regulation), article 23.
SEA-CARGO SKIPS AS v STATE BANK OF INDIA
[2013] Lloyd's Rep Plus 72
Banking - Refund guarantee - Shipbuilding contract - Delay - Buyer cancelling contract - Builder failing to repay pre-delivery instalments of price - Buyer making demand on bank under refund guarantee - Bank refusing to pay - Whether demand complied with terms of refund guarantee - Whether enforcement precluded by buyer's assignment of refund guarantee.
BMW FINANCIAL SERVICES (GB) LTD v HART
[2013] Lloyd's Rep Plus 73
Hire-purchase - Hirer defaulted - Action for outstanding amount of loan - Limitation of actions - Whether action accrued on default or on demand for payment - Limitation Act 1980.
JOINT STOCK COMPANY "AEROFLOT RUSSIAN AIRLINES" v BEREZOVSKY
[2013] Lloyd's Rep Plus 74
Conflict of laws - Jurisdiction - Claims against companies allegedly controlled by defendants - Whether English court possessed jurisdiction to hear claims - Jurisdiction agreement - Stay of proceedings for arbitration - Lugano Convention 2007, articles 6 and 23 - Arbitration Act 1996, section 9 - Civil Procedure Rules, Practice Direction 6B, para 3.1(3).
YUZHNY ZAVOD METALL PROFIL LLC v EEMS BEHEERDER BV (THE MV "EEMS SOLAR")
[2013] Lloyd's Rep Plus 75
Carriage of goods by sea - Cargo claim against contractual carrier - Cause of damage - Whether charterparty terms incorporated into contract of carriage - Whether carrier in breach of contract or duty - Whether damage caused by carrier's want of due diligence to make vessel seaworthy - Whether transfer of liability clause rendered void - Whether carrier responsible for proper stowage - Hague Rules, article III rule 8.
SEA GLORY MARITIME CO AND ANOTHER v AL SAGR NATIONAL INSURANCE CO (THE "M/V NANCY")
[2013] Lloyd's Rep Plus 76
Insurance (marine) - Misrepresentation - Non-disclosure - Materiality and inducement - Warranty that vessel was ISM compliant - Proper construction of warranty - Whether warranty broken - Illegality - Warranty of legality - Marine Insurance Act 1906, sections 3(2)(a), 18, 20 and 41.
GREAT ELEPHANT CORPORATION v TRAFIGURA BEHEER BV (THE "CRUDESKY")
[2013] Lloyd's Rep Plus 77
Charterparty (Voyage) - Demurrage - Vessel delayed at Port Harcourt by Nigerian authorities after loading cargo of crude oil - Whether charterers liable to pay demurrage at full or half rate - "Restraint of princes" - Whether cause of delay within "reasonable control of Charterers" - BPVOY3 form, clause 21.
GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD (THE "OCEAN VICTORY")
[2013] Lloyd's Rep Plus 78
Charterparty (Time) - Safe port warranty - Hull insurers bringing subrogated claim against charterers for breach of safe port warranty - Whether port of Kashima, Japan was a safe port - Whether unsafety of port caused casualty - Whether hull insurers entitled to bring subrogated claim for value of vessel - Limitation - Interpretation of demise charterparty - Barecon 89 form.
LUPOFRESH LTD v SAPPORO BREWERIES LTD
[2013] Lloyd's Rep Plus 79
Sale of goods - Variation of contract - Law applicable to contract as varied - Rome Convention 1980, articles 3, 4 and 8 - Contracts (Applicable Law) Act 1990 - Validity of variation under Japanese law.
AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE "PRINCESS OF THE STARS")
[2013] Lloyd's Rep Plus 80
Reinsurance - Marine policy - Warranty in reinsurance against leaving port or adopting intended route where a typhoon or storm warning was in force - Construction of warranty - Whether warranty broken.
HUA TYAN DEVELOPMENT LTD v ZURICH INSURANCE CO LTD AND ANOTHER (THE "HO FENG 7")
[2013] Lloyd's Rep Plus 81
Insurance (marine) - Warranty as to deadweight tonnage of vessel - Vessel not fulfilling terms of warranty - Whether insurer entitled to rely upon warranty - Duty of utmost good faith - Liability of insurance broker - Marine Insurance Ordinance, sections 18 and 33.
KAIROS SHIPPING LTD AND ANOTHER v ENKA & CO LLC AND OTHERS (THE "ATLANTIC CONFIDENCE")
[2013] Lloyd's Rep Plus 82
Admiralty practice - Limitation of liability - Whether limitation fund can be constituted by provision of P&I Club guarantee - Convention on Limitation of Liability for Maritime Claims 1976, articles 11 and 14 - Merchant Shipping Act 1995, section 185(1) - CPR 61.11 - Whether freezing injunctions should be discharged.
THE OWNERS OF THE SHIP "THERESA LIBRA" v THE OWNERS OF THE SHIP MSC "PAMELA"
[2013] Lloyd's Rep Plus 83
Admiralty practice - Limitation of action - Collision - Settlement agreement apportioning liability for collision - Claimants bringing proceedings more than two years after collision - Whether action time-barred - Whether claimants entitled to add demise charterers of colliding vessel as defendant - Merchant Shipping Act 1995, section 190 - CPR 19.2 and 19.5.
DAMPSKIBSSELSKABET NORDEN A/S v GLADSTONE CIVIL PTY LTD (FORMERLY BEACH BUILDING & CIVIL GROUP PTY LTD) (ADMINISTRATOR APPOINTED)
[2013] Lloyd's Rep Plus 84
Arbitration – Award – Enforcement – Validity of London arbitration clause in voyage charterparty relating to carriage of goods from Australia – Whether charterparty a “sea carriage document” – Carriage of Goods by Sea Act 1991 (Cth), section 11.
DEUTSCHE BANK AG v UNITECH GLOBAL LTD AND ANOTHER
[2013] Lloyd's Rep Plus 85
Banking - Credit facility - Interest rate swap - Application by defendant to amend defences - Application by claimant for summary judgment - Issue estoppel - Effect of alleged manipulation of LIBOR rate by claimant - Effect of infringement of article 101 of the TFEU and section 2 of the Competition Act 1998 - Bretton Woods Agreement - Duty of disclosure owed to guarantor - Effect of illegality in performance - Duty of care owed by lender - Effect of disclaimer.
THE LONDON STEAM SHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN (THE "PRESTIGE")
[2013] Lloyd's Rep Plus 86
Arbitration - Award - Enforcement - Objection to jurisdiction of arbitrator - Objector not participating in arbitral proceedings - Successful party seeking to enforce award - Objector delaying in challenge to jurisdiction - Whether extension of time should be granted to enable objector to resist enforcement - Arbitration Act 1996, sections 66 and 72.
PROTON ENERGY GROUP SA v ORLEN LIETUVA
[2013] Lloyd's Rep Plus 87
Contract - Sale of goods cif - Formation of contract - Negotiations for sale and purchase of quantity of crude oil mix - Whether binding contract concluded - Whether buyers in repudiatory breach - Whether sellers suffered loss - Whether buyers would have been entitled to reject goods for misdescription - Sale of Goods Act 1979, section 13.
TIDAL ENERGY LTD v BANK OF SCOTLAND PLC
[2013] Lloyd's Rep Plus 88
Banking - Instruction for payment through CHAPS mentioning correct bank sort code and account number but wrong beneficiary - Funds accepted by receiving bank - Whether instruction satisfied - Whether payment made.
BYATT INTERNATIONAL SA v CANWORLD SHIPPING CO LTD AND ANOTHER (THE “MV LOYALTY”)
[2013] Lloyd's Rep Plus 89
Charterparty (Time) – Lien on sub-freights – Charterers failing to pay hire – Owners and charterers concluding compromise involving payment of agreed sum by charterers to owners – Owners exercising lien on sub-hires and claiming to intercept bill of lading freight – Shippers paying freight into trust and interpleading – Whether inequitable for owners to exercise rights of recovery – Whether freight interception validly exercised.
PRIMERA MARITIME (HELLAS) LTD AND OTHERS v JIANGSU EASTERN HEAVY INDUSTRY CO LTD AND ANOTHER
[2013] Lloyd's Rep Plus 90
Arbitration - Award - Serious irregularity - Claimant buyers contending that sellers had renounced shipbuilding contracts - Arbitrators dismissing claim on basis that buyers affirmed contract - Buyers challenging award on basis that arbitrators failed to deal with issues that had been put to them - Arbitration Act 1996, section 68.
DANY LIONS LTD v BRISTOL CARS LTD
[2013] Lloyd's Rep Plus 91
Contract - Mistake - Frustration - Defendant agreeing to carry out substantial works to claimant's 1955 Bristol motor car including provision of automatic gearbox - Works not carried out - Defendant pleading that contract was void for common mistake alternatively was frustrated on basis that transmission could not in fact be converted to automatic whilst retaining the car's full functionality - Claimant applying for summary judgment - Relevant principles - Whether contract void for mistake or frustrated.
CARESSE NAVIGATION LTD v OFFICE NATIONAL DE L'ELECTRICITE AND OTHERS (THE "CHANNEL RANGER")
[2013] Lloyd's Rep Plus 92
Practice - Claim form - Service out of the jurisdiction - Whether bill of lading governed by English law - Whether bill of lading incorporating "Law and Arbitration Clause" of charterparty had effect to incorporate English law and court jurisdiction clause - Whether English court had jurisdiction.
MINERVA NAVIGATION INC v OCEANA SHIPPING AG (THE "ATHENA")
[2013] Lloyd's Rep Plus 93
Charterparty (Time) - Off-hire - Whether vessel off-hire during period of drifting - Whether sufficient for charterers to establish net loss of time as regards service immediately required or whether necessary to establish that time was lost to the chartered service - New York Produce Exchange 1946 form, clause 15.
FLAME SA v GLORY WEALTH SHIPPING PTE LTD (THE "GLORY WEALTH")
[2013] Lloyd's Rep Plus 94
Charterparty - Contract of affreightment - Damages - Disponent owners accepting charterers' repudiatory breaches - Whether disponent owners required to prove they could have performed obligations in order to recover substantial damages - Construction of contract.
JETIVIA SA AND ANOTHER v BILTA (UK) LTD AND OTHERS
[2013] Lloyd's Rep Plus 95
Ex turpi causa - Attribution of fraud - Directors defrauding company - Whether claim by company possible against directors by reason of attribution - Insolvency Act 1986, section 213 - Whether section had extra-territorial effect.
FORD v MALAYSIAN AIRLINE SYSTEMS BERHAD
[2013] Lloyd's Rep Plus 96
International carriage by air - Passenger given injection of diuretic during flight by medically qualified fellow passenger - Passenger suffering "bodily injury" in form of exacerbated discomfort as result of injection - Whether injury caused by "accident" - Montreal Convention 1999, article 17.