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ABOU-RAHMAH V ABACHA

[2007] Lloyd's Rep Plus 1

Banking – Fraud perpetrated on claimants by third parties – Money paid into bank account by claimants on instruction of fraudsters for purported investments – Bank paying money into fraudsters’ account – Money misappropriated – Liability of bank – Whether bank guilty of knowing assistance – Money had and received – Defence of change of position.

ARCHITECTS OF WINE LTD v BARCLAYS BANK PLC

[2007] Lloyd's Rep Plus 2

Banking – Cheque – Conversion – Director of claimant company arranging for claimant’s cheques to be paid into account of associated company at defendant bank – Whether transactions validly authorised by director – Whether bank acted without negligence – Cheques Act 1957, section 4(1).

MARINA OFFSHORE PTE LTD v CHINA INSURANCE CO (SINGAPORE) PTE LTD

[2007] Lloyd's Rep Plus 3

Insurance (marine) – Whether loss caused by perils of the sea – Whether policy mixed time and voyage or just time – Whether vessel unseaworthy – Whether vessel sent to sea in unseaworthy condition with privity of assured – Marine Insurance Act 1906, sections 25 and 39.

ALMATRANS SA v THE STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD (THE “TUTOVA”)

[2007] Lloyd's Rep Plus 4

Letter of undertaking – P&I Club – Application to Italian court for arrest of vessel – Club issuing letter of undertaking – Judgment obtained by claimant – Whether judgment valid – Allegation of sharp practice against claimant – Misdescription of beneficiary of LOU – Whether implied term that claimant should inform Club of existence of proceedings – Whether claim under LOU should be permitted – Whether time-barred.

BULK TRADING SA v MOELLER

[2007] Lloyd's Rep Plus 5

Arbitration – Award challenged on ground that notice not given to respondent – Judge upheld complaint but made no costs order – Application to Court of Appeal for permission to appeal against costs order – Whether permission should be granted.

ASM SHIPPING LTD OF INDIA v TTMI LTD OF ENGLAND

[2007] Lloyd's Rep Plus 6

Arbitration – Apparent bias of QC umpire – Witness previously accused of fraud by umpire in earlier proceedings – Witness allowed to give evidence – No application to remove umpire – Subsequent challenge to award – Judge holding that apparent bias made out but waived – Whether judge’s decision a nullity – Whether judge in breach of European Convention on Human Rights – Arbitration Act 1996, sections 24, 68 and 73.

CGU INTERNATIONAL INSURANCE PLC v ASTRAZENECA INSURANCE CO LTD

[2007] Lloyd's Rep Plus 7

Arbitration – Court overturning award for error of law – Court refusing permission to appeal against decision – Whether Court of Appeal had jurisdiction to grant permission to appeal – Arbitration Act 1996, section 69 – European Convention on Human Rights, article 9.

KALLANG SHIPPING SA v AXA ASSURANCES SENEGAL (THE “KALLANG”)

[2007] Lloyd's Rep Plus 8

Anti-suit injunction – Vessel arrested in Senegal by defendants as security for claim under charter-party – Charter-party containing arbitration clause – Whether defendants attempting to use arrest to undermine arbitration clause.

FAIRFAX GERRARD HOLDINGS LTD v CAPITAL BANK PLC

[2007] Lloyd's Rep Plus 9

Sale of goods – Finance agreement – Claimant purchasing goods for customers and passing title on payment – Customer resold goods to third party – Whether obligation on customer to include reservation of title clause in sub-sale – Whether third party obtained title – Factors Act 1889, section 2 – Sale of Goods Act 1979, section 25.

OLAFSSON v GISSURARSON

[2007] Lloyd's Rep Plus 10

Conflict of laws – Service out of the jurisdiction – Service not complying with procedural rules in Finland – Whether English court had power to condone error – CPR 3.10 and 6.24.

OLAFSSON v GISSURARSON (NO 2)

[2007] Lloyd's Rep Plus 11

Conflict of laws – Service out of the jurisdiction – Service not complying with procedural rules in Finland – Whether English court had the power to dispense with service – CPR 6.9.

SVENSKA PETROLEUM EXPLORATION AB v GOVERNMENT OF THE REPUBLIC OF LITHUANIA (No 2)

[2007] Lloyd's Rep Plus 12

Arbitration – Sovereign immunity – Enforcement of foreign arbitration award against sovereign state – Claimant obtaining arbitration award against Lithuania in Denmark – Lithuania contesting jurisdiction of arbitrators – Whether Lithuania entitled to state immunity from enforcement of award – Arbitration Act 1996, section 103 – State Immunity Act 1978, sections 1, 2, 3 and 9.

TASARRUF MEVDUATI SIGORTA FONU v DEMIREL

[2007] Lloyd's Rep Plus 13

Conflict of laws – Claimant obtaining three judgments against defendant in Turkey – Claimant seeking permission to serve enforcement proceedings on defendant outside jurisdiction – Whether precondition for grant of permission that defendant possessed assets within the jurisdiction – Civil Procedure Rules 6.20(9) – Whether law under which judgment was obtained was a penal law.

SEA TRADE MARITIME CORPORATION v HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD (THE “ATHENA”(No 2))

[2007] Lloyd's Rep Plus 14

Arbitration – Jurisdiction and error of law – P&I Association Rules – Arbitration clause contained in Rules – Whether arbitration clause incorporated into contract of insurance – Relevance of knowledge of brokers – Whether agreement contained exclusive jurisdiction clause – Arbitration Act 1996, sections 67 and 69.

IFE FUND SA v GOLDMAN SACHS INTERNATIONAL

[2007] Lloyd's Rep Plus 15

Misrepresentation – Purchase by claimant of bonds to finance purchase of English company by French company – Bonds sold by defendants to claimants – English company’s financial position falsely presented in its accounts – Whether defendants liable for misrepresentation – Whether defendants owed a duty of care – Exclusion of duties – Misrepresentation Act 1967 – Unfair Contract Terms Act 1977.

BRIT SYNDICATES LTD v GRANT THORNTON INTERNATIONAL

[2007] Lloyd's Rep Plus 16

Insurance (professional indemnity) – Policy taken out by firm covering itself and all member firms – Policy insuring parent against claims made against a member firm insured under the policy – Member firm’s cover avoided for breach of duty of good faith – Whether firm itself still entitled to protection.

ASHTON INVESTMENTS LTD v OJSC RUSSIAN ALUMINIUM (RUSAL)

[2007] Lloyd's Rep Plus 17

Jurisdiction – Allegation that defendants had unlawfully accessed the claimant’s computer system in London – Service of claim form outside the jurisdiction – Test for grant of permission for service out – Jurisdiction of English courts over tort – Jurisdiction to grant injunction – CPR Part 6.20(2),(8).

EDWINTON COMMERCIAL CORPORATION v TSAVLIRIS RUSS (WORLDWIDE SALVAGE & TOWAGE) LTD (THE “SEA ANGEL”)

[2007] Lloyd's Rep Plus 18

Charterparty (Time) – Salvage of grounded oil tanker by defendants under Lloyd’s Open Form – Defendants chartering vessel from claimants for transhipment – Whether charterparty frustrated by refusal of port authorities to issue “No Demand Certificate” allowing port clearance pending payment of oil spillage clean-up costs.

A v B

[2007] Lloyd's Rep Plus 19

Arbitration – Arbitration agreement governed by Swiss law and arbitration to be held in Geneva – Claimant alleging arbitration agreement void or voidable and seeking injunction against arbitrator and other parties – Whether English proceedings should be stayed – Whether order for service outside jurisdiction should be set aside – Arbitration Act 1996, section 9 – Lugano Convention, articles 1 and 2.

A v B (No 2)

[2007] Lloyd's Rep Plus 20

Arbitration – Breach of agreement – Defendants bringing action in English courts despite existence of arbitration clause – Claimant obtaining stay – Whether claimants entitled to costs on indemnity basis – CPR Part 44.

FILM FINANCE INC v THE ROYAL BANK OF SCOTLAND

[2007] Lloyd's Rep Plus 21

Arbitration – Jurisdiction – Dispute as to scope of arbitration clause in completion guaranty securing financing for making of film – Reference to court for preliminary ruling – Arbitration Act 1996, section 32.

WEST TANKERS INC v RAS RIUNIONE ADRIATICA DI SICURTA SPA (THE “FRONT COMOR”)

[2007] Lloyd's Rep Plus 22

Arbitration – Anti-suit injunction – Proceedings commenced in Italy by insurers using subrogation rights – Contract between assured and defendant containing arbitration clause – Whether insurers could be restrained from bringing action in Italy in breach of arbitration clause – Reference to the European Court of Justice – Council Regulation 44/2001, article 1(2)(d).

SUMUKAN LTD v COMMONWEALTH SECRETARIAT (NO 2)

[2007] Lloyd's Rep Plus 23

Arbitration – Dispute between parties referred to tribunal established under defendant’s rules – Whether President of Tribunal validly appointed – Whether jurisdiction of President of Tribunal lapsing – Whether panel had appearance of bias – Arbitration Act 1996, sections 67 and 68.

ALBON v NAZA MOTOR TRADING SDN BHD

[2007] Lloyd's Rep Plus 24

Jurisdiction – Permission for service outside the jurisdiction – Claimant asserting that sums were owed to him in respect of overpayments under a UK Agreement and in respect of commission and expenses under a South African Agreement and an Expenses Agreement – Claims made in respect of contracts – Whether English court had jurisdiction to grant permission for service abroad in respect of restitutionary claim – Whether claimant guilty of non-disclosure when making without notice application for permission – CPR Part 6.20.

DONEGAL INTERNATIONAL LTD v ZAMBIA

[2007] Lloyd's Rep Plus 25

Settlement agreement between Zambia and Romania – Benefit of agreement assigned by Romania to claimant – Zambia required to make 36 monthly payments under settlement agreement – English exclusive jurisdiction clause – Zambia waiving immunity – Whether settlement agreement valid by reason of excess of authority by agent or bribery of agent – Misrepresentation, mistake and illegality – Whether settlement agreement contained penalty clauses.

THE “FOREST PIONEER”

[2007] Lloyd's Rep Plus 26

Collision – Vessels colliding when crossing – Whether breach of the Crossing Rules – Failure to keep lookout – Allocation of liability.

AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD v COMPAGNIE NOGA D’IMPORTATION ET D’EXPORTATION SA

[2007] Lloyd's Rep Plus 27

Settlement agreement – Allegation of fraud made against bank in proceedings against bank and other defendants – Settlement between bank and claimants on basis that allegations of fraud would not be repeated – Proper construction of settlement – Whether settlement contrary to public policy.

BARBADOS TRUST CO v BANK OF ZAMBIA

[2007] Lloyd's Rep Plus 28

Contract – Enforcement by third party – Claim for outstanding advances made to defendant – Advances made by trustee for claimant – Validity of declaration of trust – Whether declaration of trust prohibited by terms of advances – Validity of assignment to trustee – Whether third party beneficiary could bring action in its own name.

AIC LTD v ITS TESTING SERVICES (UK) LTD (THE “KRITI PALM”)

[2007] Lloyd's Rep Plus 29

Contract – Sale of gasoline providing for independent inspection – Buyer entering into sub-sale with similar provision – Inspection company providing certificate stating “Fuel meets specification” – Doubts raised as to correctness of certificate – Inspection company standing by certificate – Buyer insisting that sub-buyer take delivery – Swiss courts subsequently holding certificate not correct – Whether inspection company in breach of contract and/or in breach of duty to buyer – Whether inspection company liable to buyer in deceit – Whether claims time-barred under Limitation Act 1980 – Whether inspection company deliberately concealed facts relevant to buyer’s right of action – Limitation Act 1980, section 32.

J H RITCHIE LTD v LLOYD LTD

[2007] Lloyd's Rep Plus 30

Sale of goods – Sale of combination seed drill and power harrow – Goods returned to sellers and found to be defective – Repairs effected by sellers – Buyers refused to take redelivery by reason of sellers’ failure to provide information as to defect – Whether buyers had right to reject – Sale of Goods Act 1979, sections 15B, 27 and 36.

PARROTT v PARKIN (THE “UP YAWS”)

[2007] Lloyd's Rep Plus 31

Admiralty practice – Possession – Claim to sole legal and/or beneficial ownership of motor yacht – Whether motor yacht held on resulting or constructive trust for claimant – Declaration as to beneficial ownership.

HALIFAX LIFE LTD v THE EQUITABLE LIFE ASSURANCE SOCIETY

[2007] Lloyd's Rep Plus 32

Expert determination – umpire appointed to give expert determination on amount of premium to be paid under reinsurance agreement – umpire required to give reasons – Whether reasons adequate – Appropriate remedy.

BOLS DISTILLERIES BV V SUPERIOR YACHT SERVICES LTD

[2007] Lloyd's Rep Plus 33

Jurisdiction – Claim brought in courts of Gibraltar against defendants domiciled in the Netherlands and in Poland – Whether parties agreed to refer disputes to Gibraltar courts – Council Regulation (EC) 44/2001, articles 2(1) and 23(1).

RAVENNAVI SPA V NEW CENTURY SHIPBUILDING CO LTD

[2007] Lloyd's Rep Plus 34

Contract – Option agreement – Buyer having option to purchase two vessels from shipbuilders – Option agreement providing for vessels to be delivered by specified dates with earlier delivery if possible – Options exercised under shipbuilding contracts containing “entire agreement” clause – Buyer contending that shipyard was in breach of its obligation to make earlier delivery – Shipyard contending that obligation to make earlier delivery lapsed on exercise of option – Determination of preliminary issues on construction of option agreement and shipbuilding contracts.

GATER ASSETS LTD v NAK NAFTOGAZ UKRAINIY

[2007] Lloyd's Rep Plus 35

Arbitration – Application by claimant for enforcement of award obtained in Moscow – Defendant seeking order for security for costs – Whether court possessed jurisdiction to make order – Whether order should be made in discretion of court – Arbitration Act 1996, section 101 – CPR 25.12 and 62.

ELEKTRIM SA v VIVENDI UNIVERSAL SA (NO 2)

[2007] Lloyd's Rep Plus 36

Arbitration – Anti-suit injunction – Two sets of arbitration proceedings taking place between the parties – Application by claimant for anti-suit injunction in respect of first arbitration – Condions for grant of injunction – Effect of Arbitration Act 1996 – Supreme Court Act 1981, section 37.

TRAFIGURA BEHEER BV v KOOKMIN BANK CO (NO 2)

[2007] Lloyd's Rep Plus 37

Practice – Anti-suit injunction – Letter of credit – Issuing bank commencing proceedings against seller in Korea for alleged fraud and breach of duty – Seller bringing proceedings in England seeking declaration of non-liability – English court determining preliminary issue – Whether seller entitled to post-trial anti-suit injunction.

BANQUE SAUDI FRANSI v LEAR SIEGLER SERVICES INC

[2007] Lloyd's Rep Plus 38

Banking – Performance bond – Claimant bank issuing performance bond – Counter-indemnity given by defendant – Application by bank for summary judgment on counter-indemnity – Allegation by defendant of fraud by beneficiary – Whether bank entitled to summary judgment.

ELEKTRIM SA v VIVENDI UNIVERSAL SA

[2007] Lloyd's Rep Plus 39

Arbitration – Allegation that award obtained by concealment of relevant document – Whether award procured by fraud – Whether implied term that parties must do all things necessary for proper and expeditious conduct of arbitral proceedings – Arbitration Act 1996, sections 40, 41, 42 and 68(2)(g).

STRETFORD v FOOTBALL ASSOCIATION LTD

[2007] Lloyd's Rep Plus 40

Arbitration – Licence granted to agent on terms of Football Association Rules – FA Rules containing arbitration clause excluding right of appeal – Agent seeking declaration that disciplinary proceedings brought by FA were null and void – FA seeking stay of judicial action in reliance on arbitration clause – Whether arbitration clause consistent with article 6 of the European Convention on Human Rights – Arbitration Act 1996, section 9.

MARCONI COMMUNICATIONS INTERNATIONAL LTD v PT PAN INDONESIA BANK LTD TBK

[2007] Lloyd's Rep Plus 41

Conflict of laws – Service outside the jurisdiction – Whether English court had jurisdiction – Letter of credit – Whether contract governed by English law – Whether contract made in England – Whether contract made through agent trading in England – Forum non conveniens – Contracts (Applicable Law) Act 1990, schedule 1, article 4 – Civil Procedure Rules, rule 6.20.

ALBON v NAZA MOTOR TRADING SDN BHD (NO 3)

[2007] Lloyd's Rep Plus 42

Arbitration – Claimant bringing proceedings in England – Defendant asserting existence of joint venture agreement containing arbitration clause – Claimant arguing that joint venture agreement a forgery – Stay of proceedings under inherent jurisdiction of court – Whether trial should be ordered on validity of joint venture – Effect of Arbitration Act 1996, section 9.

SUMUKAN LTD v THE COMMONWEALTH SECRETARIAT

[2007] Lloyd's Rep Plus 43

Arbitration – Error of law – Arbitration clause incorporating document containing clause excluding right of appeal against award for error of law – Judge deciding that exclusion agreement valid – Judge refusing permission to appeal – Whether Court of Appeal could give permission to appeal – Whether exclusion agreement valid – European Convention on Human Rights, article 6 – Arbitration Act 1996, section 69.

BANCO NACIONAL DE COMERCIO EXTERIOR SNC v EMPRESA DE TELECOMUNICATIONES DE CUBA SA

[2007] Lloyd's Rep Plus 44

Conflict of laws – Freezing order – Claimant obtaining judgment in Italy and registering judgment in England – Court made domestic freezing order and subsequently a worldwide freezing order – Whether English court had jurisdiction to make worldwide freezing order – Whether risk of dissipation of assets – Council Regulation 44/2001, article 47.

FRONT CARRIERS LTD v ATLANTIC AND ORIENT SHIPPING CORPORATION (THE “DOUBLE HAPPINESS”)

[2007] Lloyd's Rep Plus 45

Charterparty – Whether binding agreement – Name of disponent owners incorrectly stated in recap communications – Whether mistake of identity or mere misnomer – Jurisdiction of arbitrators – Arbitration Act 1996, section 32.

P&O NEDLLOYD BV v ARAB METALS CO (THE “UB TIGER” (NO 2))

[2007] Lloyd's Rep Plus 46

HALPERN v HALPERN

[2007] Lloyd's Rep Plus 47

Compromise agreement – Conflict of laws – Compromise agreement made to settle inheritance dispute – Allegation that agreement induced by duress – Law applicable to compromise agreement – Whether English law recognised as applicable law a system of law other than that of a country – Duress – Whether restitution required as condition of rescission of contract for duress.

HEWDEN TOWER CRANES LTD v WOLFFKRAN GMBH

[2007] Lloyd's Rep Plus 48

Conflict of laws – Jurisdiction – English company bringing proceedings against German company claiming damages for negligence and for a contribution under Civil Liability (Contribution) Act 1978 – Whether contribution claim a “matter relating to tort” – Whether defendant entitled to rely on contractual jurisdiction clauses – Council Regulation 44/2001, articles 2, 5(3) and 23.

ASM SHIPPING LTD OF INDIA v TTMI LTD OF ENGLAND (NO 2)

[2007] Lloyd's Rep Plus 49

Arbitration – Application for removal of arbitrators by owners – charterers resisting application – Owners seeking order debarring charterers from congesting the application and from contesting the arbitration by reason of charterers’ failure to honour an earlier partial award in favour of owners – Effect of court’s order enforcing earlier award – Whether charterers in contempt – Whether court had power to restrain participation in arbitration – Arbitration Act 1996, sections 24 and 66.

DATEC ELECTRONICS HOLDINGS LTD v UNITED PARCELS SERVICE LTD

[2007] Lloyd's Rep Plus 50

Carriage of goods by road – Consignment of goods to be carried from England to The Netherlands – Goods failing to arrive – Claim against carriers – Amount of liability – Whether contract of carriage – Whether loss caused by wilful misconduct of carriers’ employee – Convention on the Contract for the International Carriage of Goods by Road (CMR), articles 17, 23, 29 and 41.

P & O NEDLLOYD BV v ARAB METALS CO (THE “UB TIGER”)

[2007] Lloyd's Rep Plus 51

Practice – Amendment – Application to amend particulars of claim after expiry of limitation period – Whether new claims arose out of substantially the same facts as original claims – CPR 17.4(2).

UZINTERIMPEX JSC v STANDARD BANK PLC

[2007] Lloyd's Rep Plus 52

Banking – International trade – Letters of credit – UCP 458 – Advance payment guarantee – Performance bond – Tender of documents – Letters of indemnity – Sale contract – FOB terms – Fraud – Tort of deceit – Conversion – Implied term.

COMANDATE MARINE CORPORATION v PAN AUSTRALIA SHIPPING PTY LTD (THE “COMMANDATE”)

[2007] Lloyd's Rep Plus 53

Arbitration – Anti-suit injunction – in rem proceedings – Whether charterer’s commencement of in rem proceedings for security amounted to a repudiation of agreement to arbitrate in London – Whether shipowner’s commencement of in rem proceedings in Australia constituted repudiation and waiver of right to compel arbitration in London.

GOLDEN STRAIT CORPORATION v NIPPON YUSEN KUBISHKA KAISHA (THE “GOLDEN VICTORY”)

[2007] Lloyd's Rep Plus 54

Charterparty (Time) – Damages – Each party having right to cancel charter in event of war between UK and Iraq – Charterparty to terminate in 2005 – Repudiation of charterparty by charterers in 2001 – War breaking out in 2003 – Owner’s measure of damages – Whether damages ran from date of repudiation to outbreak of war in 2003 or from date of repudiation to later date on which charterparty due to terminate – Arbitration Act 1996, section 69.

HBC HAMBURG BULK CARRIERS GMBH & CO KG v TANGSHAN HAIXING SHIPPING CO LTD (THE “FU NING HAI”)

[2007] Lloyd's Rep Plus 55

Charterparty (Time) – Charter providing for cancellation by charterers if vessel off-hire for more than 30 days – Whether agreed period of drydocking counted towards 30 day off-hire period.

AIC LTD v MARINE PILOT LTD (THE “ARCHIMIDIS”)

[2007] Lloyd's Rep Plus 56

Charterparty (Voyage) – Deadfreight – Vessel chartered to load cargo from “1 safe port Ventspils” – Charter requiring charterers to load minimum 90,000 mt and giving charterers option to load cargo by ship-to-ship transfer at anchor – Vessel tendering NOR to load maximum of 67,000 mt due to draft restrictions – Charterers tendering 93,410 mt cargo knowing vessel could not load more than 67,000 at berth – Whether charterers liable for deadfreight – Whether safe port warranty – Whether need for lightering can render port unsafe.

R (ON THE APPLICATION OF THE ASSOCIATION OF BRITISH TRAVEL AGENTS LTD) v CIVIL AVIATION AUTHORITY

[2007] Lloyd's Rep Plus 57

Air traffic – Civil Aviation Authority – Licensing of provision of accommodation in aircraft – Air Travel Organiser’s Licence – When flight accommodation is part of a “package” – Civil Aviation Act 1982, section 71 – Civil Aviation (Air Travel Organiser’s Licensing) Regulations 1995, regulation 3.

FIONA TRUST & HOLDING CORPORATION AND OTHERS v PRIVALOV AND OTHERS

[2007] Lloyd's Rep Plus 58

Arbitration – Charterparty providing that “Any dispute arising under this charter” should be referred to London arbitration – Shipowners bringing court proceedings claiming rescission of charterparties for bribery and fraud – Whether arbitration clause covered dispute – Whether charterers entitled to stay of proceedings under section 9 Arbitration Act 1996.

DDT TRUCKS OF NORTH AMERICA LTD v DDT HOLDINGS LTD

[2007] Lloyd's Rep Plus 59

Arbitration – Distributorship agreement containing arbitration clause – Agreement allegedly terminated by agreement – Arbitrator finding for claimants – Challenge to award – Jurisdiction – Whether arbitration clause also terminated – Whether perjured evidence produced by claimants – Whether error of law by arbitrator – Whether time for appeal should be extended – Arbitration Act 1996, sections 7, 67, 68, 69, 70.

INDEPENDENT PETROLEUM GROUP LTD v SEACARRIERS COUNT PTE LTD (THE “COUNT”)

[2007] Lloyd's Rep Plus 60

Charterparty (Voyage) – Charterers obliged to nominate safe port in East Africa – Charterers nominating Beira – Notice of readiness tendered – Another vessel went aground on arrival of vessel – Discharge completed but vessel unable to leave due to another grounding in the same place as earlier grounding – Whether safe port nominated – Whether breach caused owners’ loss.

SUNDERLAND MARINE MUTUAL INSURANCE CO LTD v WISEMAN (THE “SEAWARD QUEST”)

[2007] Lloyd's Rep Plus 61

Insurance – Conflict of laws – Insurance claim for loss of vessel paid by English insurance company to assured domiciled in Scotland – Allegation that three defendants domiciled in Scotland conspired to scuttle vessel and to make false witness statements in Scotland – Claim for restitution – Whether English court had jurisdiction – Place where harmful event occurred – Forum non conveniens – Civil Jurisdiction and Judgments Act 1982, schedule 4

THE OWNERS AND/OR DEMISE CHARTERERS OF THE TUG “SEA TRACTOR” v THE OWNERS OF THE SHIP “TRAMP” (THE “TRAMP”)

[2007] Lloyd's Rep Plus 62

Salvage or towage – Award – Vessel getting into difficulties when departing berth – Services rendered by tug.

KOHN v WAGSCHAL AND OTHERS

[2007] Lloyd's Rep Plus 63

Arbitration – Award – Enforcement – Claimant seeking enforcement of arbitration award made by Beth Din – Defendants alleging that enforcement of award would be contrary to public policy because it would enforce an arrangement tainted by illegality – Whether award should be enforced.

THE REPUBLIC OF ECUADOR v OCCIDENTAL EXPLORATION & PRODUCTION CO (NO 2)

[2007] Lloyd's Rep Plus 64

Arbitration – Bilateral Investment Treaty between Ecuador and the US – US company commencing arbitration against Ecuador – Company obtaining award – Whether award in excess of arbitrator’s jurisdiction – Proper construction of BIT –– Arbitration Act 1996, section 67.

RHODIA INTERNATIONAL HOLDINGS LTD AND ANOTHER v HUNTSMAN INTERNATIONAL LLC

[2007] Lloyd's Rep Plus 65

Sale of business – Claimants agreed to sell to defendants a chemical business – Defendants not honouring energy supply contract between claimants and third party energy supplier – Whether defendants liable to indemnify claimants in respect of liability to third party under energy supply contract – Whether defendants used reasonable endeavours as required by sale of business contract to obtain consent of third party to novate energy supply contract.

OAO NORTHERN SHIPPING CO v REMOLCADORES DE MARIN SL

[2007] Lloyd's Rep Plus 66

Arbitration – Sale of vessel – Dispute as to power rating of engine – Arbitrators deciding case on basis that no representation made – Arguments turning on other issues – Whether serious irregularity – Whether serious injustice – Arbitration Act 1996, section 68(2)(a).

HIH CASUALTY AND GENERAL INSURANCE LTD v JLT RISK SOLUTIONS LTD

[2007] Lloyd's Rep Plus 67

Insurance and reinsurance brokers – Brokers placing both direct risk and reinsurance – Brokers becoming aware of breaches of warranty in insurance and reinsurance – Brokers not specifically drawing information to reinsured’s attention – Whether brokers owed duty of care to keep reinsured informed – Whether duty broken – Causation and contributory negligence.

CV SHEEPVAARTONDERNEMING ANKERGRACHT v STEMCOR (A/SIA) PTY LTD

[2007] Lloyd's Rep Plus 68

Carriage of goods by sea – Hague Rules – Seaworthiness under article 3 – Due diligence under article 4 – Burden of proof under articles 3 and 4 – Availability of insufficient packaging exclusion under article 4.

KENSINGTON INTERNATIONAL LTD v THE REPUBLIC OF THE CONGO

[2007] Lloyd's Rep Plus 69

Privilege against self-incrimination – Application for disclosure of documents and evidence held by third parties – Third parties arguing that disclosure exposed them to potential criminal charges under English law – Whether privilege against self-incrimination available – Supreme Court Act 1981, section 37 – Fraud Act 2006, section 31.

T COMEDY (UK) LTD v EASY MANAGED TRANSPORT LTD

[2007] Lloyd's Rep Plus 70

Carriage of goods by road – Goods transported from Turkey to UK – Lien – Carrier exercising general lien over goods to secure payment for outstanding invoices – Ownership of goods – Whether terms of Road Haulage Association incorporated into contract of carriage – Whether RHA conditions consistent with CMR Convention – Carriage of Goods by Road Act 1965.

C v D

[2007] Lloyd's Rep Plus 71

Arbitration – Two US corporations agreed to arbitrate in England – Claimant seeking anti-suit injunction to prevent defendant from bringing action in United States challenging award – Effect of seat of arbitration being in England – Whether agreement to arbitrate governed by English law – Binding effect of award on defendant – Arbitration Act 1996, sections 2, 4 and 58.

SONY COMPUTER ENTERTAINMENT LTD v RH FREIGHT SERVICES LTD AND OTHERS

[2007] Lloyd's Rep Plus 72

Carriage of goods by road – Goods to be carried from England to Holland – Goods stolen by armed robbers – Whether loss due to wilful misconduct of carrier – Proceedings commenced in both Holland and England – Jurisdiction – Date on which proceedings became pending – Whether two actions were on the same grounds – Whether CMR Convention or Council Regulation 44/2001 governed jurisdiction.

BRITISH ENERGY POWER & ENERGY TRADING LTD AND OTHERS v CREDIT SUISSE AND OTHERS

[2007] Lloyd's Rep Plus 73

Option Agreements – Assignment of rights under sub-participation agreements by holders of options – Assignments prohibited by Option Agreements – Whether prohibition on assignment binding on all parties to the Option Agreements – Effect of assignment – Whether prohibition on assignment contrary to public policy.

AWB (GENEVA) SA PIONEER METALS LOGISTICS CO LTD BVI v NORTH AMERICA STEAMSHIPS LTD WOLRIDGE MAHON LTD

[2007] Lloyd's Rep Plus 74

Conflict of laws – Insolvency – Defendant becoming insolvent in Canada – Defendant’s trustee preparing application for declaration as to obligations of claimants under contracts with the defendant – Whether English court should grant anti-suit injunction to restrain trustee’s action.

SCOTTISH & NEWCASTLE INTERNATIONAL LTD v OTHON GHALANOS LTD

[2007] Lloyd's Rep Plus 75

Conflict of laws – Jurisdiction – Sale of goods CFR Limassol – Goods shipped at Liverpool – Sellers bringing proceedings in England against buyers domiciled in Cyprus – Place where goods delivered – Whether sellers entitled to sue in England – Council Regulation 44/2001, article 5.1(b).

IFE FUND SA v GOLDMAN SACHS INTERNATIONAL

[2007] Lloyd's Rep Plus 76

Misrepresentation – Purchase by claimant of bonds to finance purchase of English company by French company – Bonds sold by defendants to claimants – English company’s financial position falsely presented in its accounts – Whether defendants liable for misrepresentation – Whether defendants owed a duty of care – Exclusion of duties – Misrepresentation Act 1967

7E COMMUNICATIONS LTD v VERTEX ANTENNENTECHNIK GMBH

[2007] Lloyd's Rep Plus 77

Jurisdiction – Sale of goods by German company to English company – Seller’s quotation containing German exclusive jurisdiction clause – Dispute as to quality of goods – Whether parties agreed to refer disputes to German courts – Council Regulation 44/2001, article 23 – Procedure – Appellate jurisdiction – Whether court has jurisdiction to transfer “appeal” to Court of Appeal where application for permission to appeal refused – CPR 52.14.

DEMIREL v TASARRUFF MEVDUATI SIGORTA FONU

[2007] Lloyd's Rep Plus 78

Conflict of laws – Claimant obtaining three judgments against defendant in Turkey – Claimant seeking permission to serve enforcement proceedings on defendant outside jurisdiction – Whether precondition for grant of permission that defendant possessed assets within the jurisdiction – Civil Procedure Rules 6.20(9).

ARCHITECTS OF WINE LTD v BARCLAYS BANK PLC

[2007] Lloyd's Rep Plus 79

Banking – Cheque – Conversion – Director of claimant company arranging for claimant’s cheques to be paid into account of associated company at defendant bank – Whether bank acted without negligence – Cheques Act 1957, section 4(1).

TRANSFIELD SHIPPING INC v MERCATOR SHIPPING INC (THE “ACHILLEAS”)

[2007] Lloyd's Rep Plus 80

Charterparty (Time) – Redelivery – Vessel redelivered late – Measure of damages – Whether owners entitled to recover loss of profits under subsequent fixture.

BANCO NACIONAL DE COMERCIO EXTERIOR SNC v EMPRESA DE TELECOMMUNICACIONES DE CUBA SA BRITISH TELECOMMUNICATIONS PLC (INTERVENING)

[2007] Lloyd's Rep Plus 81

Conflict of laws – Freezing order – Claimant obtaining judgment in Italy and registering judgment in England – Court made domestic freezing order and subsequently a worldwide freezing order – Whether English court had jurisdiction to make worldwide freezing order – Council Regulation 44/2001, article 47 – Civil Jurisdiction and Judgments Act 1982, section 25 – Undertakings required by court on making of order – Civil Procedure Rules, Part 25 Practice Direction.

LIA OIL SA v ERG PETROLI SPA

[2007] Lloyd's Rep Plus 82

Sale of goods – Demurrage – Limitation of actions – Whether claim for demurrage time-barred – Whether debt acknowledged – Limitation Act 1980, section 29(5).

ALBON v NAZA MOTOR TRADING SDN BHD (NO 4)

[2007] Lloyd's Rep Plus 83

Arbitration – Anti-arbitration injunction – Dispute under contract governed by English law – Defendant seeking stay in favour of arbitration in Malaysia – Claimant disputing validity of arbitration clause – English court ordering trial on validity of arbitration clause – Whether defendant to be restrained from proceeding with arbitration – CPR Parts 6.20(5) and 62.

REPUBLIC OF KAZAKHSTAN v ISTIL GROUP LTD

[2007] Lloyd's Rep Plus 84

Arbitration – High Court upholding challenge to tribunal’s substantive jurisdiction and refusing leave to appeal – Whether Court of Appeal had jurisdiction to grant leave to appeal – Arbitration Act 1996, section 67(4) – European Convention on Human Rights, article 8.

BEA HOTELS NV v BELLWAY LLC

[2007] Lloyd's Rep Plus 85

Arbitration – Jurisdiction – Parties agreed to arbitrate – Defendant then commenced judicial proceedings in Israel – Whether defendant was in repudiatory breach of the arbitration agreement – Whether arbitrator had jurisdiction – Arbitration Act 1996, section 67.

DENFLEET INTERNATIONAL LTD & ANOTHER v TNT GLOBAL SPA & ANOTHER

[2007] Lloyd's Rep Plus 86

Carriage of goods by road – Goods damaged in fire following crash near Milan when driver fell asleep at wheel – Whether driver guilty of wilful misconduct – Whether claim time-barred – CMR Convention, articles 29 and 32.

UNITED SALVAGE PTY LTD v LOUIS DREYFUS ARMATEURS SNC

[2007] Lloyd's Rep Plus 87

Shipping – International Convention on Salvage – Criteria for fixing salvage rewards under article 13 – Appeal – Role of appeal court – Whether primary judge failed to take into account risk of global and local failure – Whether potential liability of respondents to third parties is a valid consideration – Whether primary judge used salvage costs as benchmark – Whether the value of the salvage service depends upon the potential loss avoided – Whether primary judge took into account public policy of encouraging salvage operations – Evidence – Proof of beneficial ownership of vessel – Effect of failure to call material witnesses.

TRAFIGURA BEHEER BV AND ANOTHER v MEDITERRANEAN SHIPPING COMPANY SA (THE “MSC AMSTERDAM”)

[2007] Lloyd's Rep Plus 88

Bill of lading – Forged bills – Misdelivery – Whether shipowners entitled to rely on limitation provisions in bill of lading and Hague/Hague-Visby Rules – Whether cargo owners entitled to recover hedging losses – Whether damages to be assessed on value of goods at date of conversion or date of trial.

HARPER v INTERCHANGE GROUP LTD

[2007] Lloyd's Rep Plus 89

Asset sale agreement – Entitlement of claimant to commission – Proper construction of agreement – Whether claimant precluded from recovering by reason of failure to implement dispute resolution mechanism – Whether claimant precluded from recovering by reason of estoppel by convention – Rectification.

ERG RAFFINERIE MEDITERRANEE SPA v CHEVRON USA INC (THE “LUXMAR”)

[2007] Lloyd's Rep Plus 90

Sale of goods (fob) – Construction – Nominated vessel arriving within laycan period – Delay by sellers in loading vessel – Buyers terminating contract for repudiatory breach – Whether termination lawful – Whether buyers entitled to general damages for late delivery.

FIONA TRUST HOLDING CORPORATION AND OTHERS v PRIVALOV AND OTHERS (NO 2)

[2007] Lloyd's Rep Plus 91

Practice – Freezing injunction – Claimants alleging fraud, bribery and breach of fiduciary duty – Whether injunctions should be granted.

EDWINTON COMMERCIAL CORPORATION AND ANOTHER v TSAVLIRIS RUSS (WORLDWIDE SALVAGE & TOWAGE) LTD (THE “SEA ANGEL”)

[2007] Lloyd's Rep Plus 92

Charterparty (Time) – Salvage of grounded oil tanker by defendants under Lloyd’s Open Form – Defendants chartering vessel from claimants for transhipment – Whether charterparty frustrated by refusal of port authorities to issue “No Demand Certificate” allowing port clearance pending payment of oil spillage clean-up costs.

SUNROCK AIRCRAFT CORPORATION LTD v SCANDINAVIAN AIRLINES SYSTEM DENMARK-NORWAY-SWEDEN

[2007] Lloyd's Rep Plus 93

Aircraft lease – Contract for sale and leaseback of aircraft – Proper construction of hirer’s redelivery obligations – Breach of dispute resolution agreement – Measure of damages.

BANDWIDTH SHIPPING CORPORATION v INTAARI (THE “MAGDALENA OLDENDORFF”)

[2007] Lloyd's Rep Plus 94

Arbitration – Serious irregularity – Arbitrators not appreciating that counsel had not recognised significance of an argument – Whether arbitrators under duty to draw counsel’s attention to the point – Whether award could be set aside – Arbitration Act 1996, sections 33 and 68.

GATER ASSETS LTD v NAK NAFTOGAZ UKRAINIY

[2007] Lloyd's Rep Plus 95

Arbitration – Enforcement of award – Award made in Russia – Application to enforce award in England – Enforcement challenged on public policy grounds by award debtor – Whether award creditor could be required to give security for costs – Arbitration Act 1996, sections 66 and 99 to 104 – CPR Parts 25 and 68.

NATIONAL WESTMINSTER BANK PLC v RABOBANK NEDERLAND (NO 3)

[2007] Lloyd's Rep Plus 96

Breach of contract – Defendant commencing proceedings in California in breach of obligation not to sue – Claimant successfully having Californian proceeding stayed – Entitlement of claimant to damages for breach of obligation not to sue – Whether damages representing costs on standard or indemnity basis – Whether costs of breach of contract action should be awarded on standard or indemnity basis – Interest.

STX PAN OCEAN CO LTD v UGLAND BULK TRANSPORT AS (THE “LIVANITA”)

[2007] Lloyd's Rep Plus 97

Charterparty – Safe port – Charter expressly naming loading port and also containing in different section a safe port warranty – Whether safe port warranty applied to named loading port.

E D & F MAN SUGAR LTD v LENDOUDIS

[2007] Lloyd's Rep Plus 98

Arbitration – Enforcement of award – Award obtained in 1994 – Order from Greek courts recognising award – Application to English court for enforcement of Greek judgment – Whether application time-barred – Whether grounds of application properly stated – Whether claim form could be amended – Limitation Act 1980, section 7 – Arbitration Act 1996, section 66 – Civil Procedure Rules 17.4, 62.3 and 62.18 – Whether summary judgment could have been awarded.

ASM SHIPPING LTD v HARRIS AND OTHERS

[2007] Lloyd's Rep Plus 99

Arbitration – Application for removal of arbitrators – Whether justifiable doubts as to impartiality of arbitrators – Whether objection made in time – Arbitration Act 1996, sections 24 and 73.

KOHN v WAGSCHAL

[2007] Lloyd's Rep Plus 100

Arbitration – Enforcement of award – Whether enforcement could be refused on public policy grounds – Arbitration Act 1996, section 66.

LONSDALE v HOWARD & HALLAM LTD

[2007] Lloyd's Rep Plus 101

Agency – Termination of agency relationship following closure of principal’s business – Amount of agent’s entitlement to compensation – Commercial Agents (Council Directive) Regulations 1993, regulation 17(6), Council Directive 86/653/EEC, article 17(3).

SWIFT-FORTUNE LTD v MAGNIFICA MARINE SA (THE “CAPAZ DUCKLING”)

[2007] Lloyd's Rep Plus 102

Practice – Freezing injunction – Contract for sale of ship – Buyer applying for freezing order in Singapore on purchase price in advance of delivery of vessel – No disclosure to Singapore court of authorities precluding such relief – Order granted but subsequently discharged on jurisdictional grounds – Whether claimant guilty of non-disclosure – Whether English court should grant order.

OFFICE OF FAIR TRADING v LLOYDS TSB BANK PLC AND OTHERS

[2007] Lloyd's Rep Plus 103

Banking – Consumer credit – Transactions performed outside the United Kingdom using credit cards – Whether credit card issuer liable for defaults of supplier of goods or services – Consumer Credit Act 1974, section 75.

TAMIL NADU ELECTRICITY BOARD v ST-CMS ELECTRIC COMPANY PRIVATE LTD

[2007] Lloyd's Rep Plus 104

Arbitration – Conflict of laws – Arbitration clause – ICC arbitration – Estoppel – Indian law – Energy – Arbitration Act 1996, section 72.

WESTBROOK RESOURCES LTD v GLOBE METALLURGICAL INC

[2007] Lloyd's Rep Plus 105

Sale of goods – Contract for sale of manganese ore – Whether contract repudiated by either party – Measure of damages – Sale of Goods Act 1979, sections 50(2) and 50(3).

KOLDEN HOLDINGS LTD v RODETTE COMMERCE LTD AND ANOTHER

[2007] Lloyd's Rep Plus 106

Conflict of laws – Jurisdiction – Proceedings commenced in England – Claimants assigning cause of action – Defendants bringing second set of proceedings in Cyprus against assignors and assignee – Whether proceedings were between “the same parties” – Whether English court first seised – Council Regulation 44/2001, article 27.

SUMUKAN LTD v COMMONWEALTH SECRETARIAT

[2007] Lloyd's Rep Plus 107

Arbitration – Jurisdiction - Dispute between parties referred to tribunal established under defendant’s rules – Whether President of Tribunal validly appointed – Whether invalid appointment of President of Tribunal subsequently cured – Whether invalidity waived – Arbitration Act 1996, sections 67 and 73

ALBON v NAZA MOTOR TRADING SDN BHD

[2007] Lloyd's Rep Plus 108

Arbitration – Anti-arbitration injunction – Dispute under contract governed by English law – Defendant seeking stay in favour of arbitration in Malaysia – Claimant disputing validity of arbitration clause – English court ordering trial on validity of arbitration clause – Whether defendant to be restrained from proceeding with arbitration.

SABAH SHIPYARD (PAKISTAN) LTD v GOVERNMENT OF PAKISTAN

[2007] Lloyd's Rep Plus 109

Guarantee – Claimant obtaining arbitration award against third party – Award not honoured – Claimant seeking to enforce guarantee – Whether guarantee induced by misrepresentation – Whether arbitration award binding on guarantor.

STARLIGHT SHIPPING CO AND ANOTHER v TAI PING INSURANCE CO LTD HUBEI BRANCH AND ANOTHER

[2007] Lloyd's Rep Plus 110

Arbitration – Interim anti-suit injunction – Judicial proceedings commenced in China in breach of arbitration clause – Arbitration commenced in London – Application to court to grant anti-suit injunction – Jurisdiction of court – Discretion – Arbitration Act 1996, section 44 – Supreme Court Act 1981, section 37 – CPR Parts 6.20 and 62.

CTI GROUP INC v TRANSCLEAR SA (THE “MARY NOUR”)

[2007] Lloyd's Rep Plus 111

Sale of goods fob – Frustration – Implied term – Cement to be supplied by sellers fob in Far East for ultimate delivery to Mexico – Sellers’ suppliers refusing to supply cement to sellers because of existence of cartel – Whether sale contract frustrated – Whether implied term that contract should be cancelled in the event of monopoly supplier intervening so as to prevent the supply.

CTI GROUP INC v TRANSCLEAR SA (THE “MARY NOUR” (NO 2))

[2007] Lloyd's Rep Plus 112

KENSINGTON INTERNATIONAL LTD v REPUBLIC OF CONGO

[2007] Lloyd's Rep Plus 113

Freezing order – Whether order should have restrained ordinary performance of commercial contracts – Civil Jurisdiction and Judgments Act 1982, section 25 – Privilege against self-incrimination – Application for disclosure of documents and evidence held by third parties – Third parties arguing that disclosure exposed them to potential criminal charges under English law – Whether privilege against self-incrimination available – Supreme Court Act 1981, section 37 – Fraud Act 2006, section 31.

FIONA TRUST & HOLDING CORPORATION AND OTHERS v PRIVALOV AND OTHERS

[2007] Lloyd's Rep Plus 114

Arbitration – Charterparty providing that “Any dispute arising under this charter” should be referred to London arbitration – Shipowners bringing court proceedings claiming rescission of charterparties for bribery and fraud – Whether arbitration clause covered dispute – Whether charterers entitled to stay of proceedings under Arbitration Act 1996, section 9.

CZECH REPUBLIC v EUROPEAN MEDIA VENTURES SA

[2007] Lloyd's Rep Plus 115

Arbitration – Jurisdiction – Bilateral Investment Treaty – Arbitration clause providing that disputes “concerning compensation due” for expropriation were to be arbitrated – Whether clause applied only to quantum disputes or to liability and quantum disputes – Arbitration Act 1996, section 67.

EGAN v MOTOR SERVICES (BATH) LTD

[2007] Lloyd's Rep Plus 116

Sale of Goods – Implied condition – Satisfactory quality – Whether on the evidence the judge had been entitled to find for the defendant – Sale of Goods Act 1979, sections 14(2A) and 14(2B).

Lloyd's Law Reports Plus