In order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. By continuing to use this site and access its features, you are consenting to our use of cookies.
To find out more about the way Informa Law uses cookies please go to our Cookie Policy page. Close

Lloyd's Law Reports RSS feed

FERN COMPUTER CONSULTANCY LTD v INTERGRAPH CADWORX & ANALYSIS SOLUTIONS INC

Practice – Claim form – Service out of the jurisdiction – Commercial agent bringing claim against Texas principal under Commercial Agents (Council Directive) Regulations 1993 and for unpaid commission – Agency agreement containing Texas law and exclusive Texas jurisdiction clause – Whether claim based on Regulations a “claim made in respect of a contract governed by English law” or a “claim made in respect of a breach of contract committed within the jurisdiction” – Whether service of proceedings should be set aside – Civil Procedure Rules, Practice Direction 6B, paras (6)(c) and (7) – Commercial Agents (Council Directive) Regulations 1993, Regulations 17 and 19.

[2015] 1 Lloyd's Rep. 1

SAIPOL SA v INERCO TRADE SA

Sale of goods – Damages – Consequential losses – Arbitration – Appeal for error of law – Sale of Goods Act 1979, sections 53 and 54 – Arbitration Act 1996, section 69.

[2015] 1 Lloyd's Rep. 26

FONNSHIP A/S v SVENSKA TRANSPORTARBETAREFÖRBUNDET (The “Sava Star”)

European law – Principle of free movement of maritime transport services between member states of European Economic Area – Whether principle applicable where vessel providing services flew flag of third country – Industrial action taken in ports of member state in favour of third country nationals employed on vessel – Council Regulation (EEC) No 4055/86, article 1.

[2015] 1 Lloyd's Rep. 61

LORAND SHIPPING LTD v DAVOF TRADING (AFRICA) BV(THE MV “OCEAN GLORY”)

Arbitration – Serious irregularity – Owners asking tribunal for “Interim Award on Demurrage” and that jurisdiction be reserved in respect of other claims – Tribunal proceeding to make final award dealing only with demurrage claim without reserving jurisdiction for other claims – Whether serious irregularity – Arbitration Act 1996, section 68.

[2015] 1 Lloyd's Rep. 67

STANDARD CHARTERED BANK v DORCHESTER LNG (2) LTD (THE “ERIN SCHULTE”)

Carriage of goods by sea – Misdelivery – Title to sue – Whether confirming bank became lawful holder of bills of lading – Whether bank accepted delivery of indorsed bills – Meaning of “delivery” – Whether claim for money due under a letter of credit following presentation of conforming documents sounded in debt or damages – Whether transaction effected in pursuance of a contractual or other arrangement made before the bill of lading had become spent – Carriage of Goods by Sea Act 1992, sections 5(2)(b) and 2(2)(a).

[2015] 1 Lloyd's Rep. 97

Warren v Drukkerij Flach BV

Agency - Entitlement to compensation following termination of agency - Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053), Regulations 8 and 17.

[2015] 1 Lloyd's Rep. 111

ATLASNAVIOS-NAVEGAÇÃO LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE "B ATLANTIC")

Insurance (marine, war risks) - Vessel found to be carrying drugs and seized - Vessel a constructive total loss - Whether claim lost by reason of "infringement of any customs or trading regulations" - Whether claim lost by reason of failure to provide security - Duty to sue and labour - Whether costs recoverable - Institute War and Strikes Clauses Hull 1/10/83.

[2015] 1 Lloyd's Rep. 117

CRUZ CITY 1 MAURITIUS HOLDINGS v UNITECH LTD AND OTHERS

Arbitration – Freezing order – Jurisdiction of court to make order against subsidiaries of award debtor (Chabra jurisdiction) – Arbitration Act 1996, section 44 – Civil Procedure Rules, rule 62.5 – Civil Procedure Rules, Practice Direction 6B, para 3.1(3) – Brussels Regulation, Council Regulation 44/2001/EC, article 24.

[2015] 1 Lloyd's Rep. 191

LAKATAMIA SHIPPING CO LTD AND OTHERS v NOBU SU/HSIN CHI SU (aka SU HSIN CHI; aka NOBU MORIMOTO) AND OTHERS

Sale of goods – Forward Freight Agreements – Transfer of FFA position for one-month period – Seller failing to buy back FFAs on agreed date – Identity of parties to contract – Measure of loss sustained by buyer – Whether buyer limited to recovering difference between contract and market value – Whether loss affected by novation agreements – Sale of Goods Act 1979, section 50(3).

[2015] 1 Lloyd's Rep. 216

CARESSE NAVIGATION LTD v ZURICH ASSURANCES MAROC AND OTHERS (THE “CHANNEL RANGER”)

Practice – Anti-suit injunction – Cargo interests bringing proceedings against shipowner in Morocco under bill of lading – Whether bill of lading incorporating “Law and Arbitration clause” of charterparty had effect to incorporate English law and jurisdiction clause – Whether anti-suit injunction should have been granted.

[2015] 1 Lloyd's Rep. 256

GOLDEN ENDURANCE SHIPPING SA v RMA WATANYA SA AND OTHERS (THE “GOLDEN ENDURANCE”)

Practice – Service out of jurisdiction – Cargo interests bringing cargo claims in Morocco under three bills of lading – Shipowner bringing London arbitration and court proceedings in England – Whether bill of lading incorporated charterparty law and arbitration clause – Whether bills of lading governed by English law – Whether service should be set aside – Whether claimant entitled to anti-suit injunction in favour of London arbitration – Whether claimant entitled to anti-suit injunction in favour of English court proceedings.

[2015] 1 Lloyd's Rep. 266

STENA BULK AB v COPLEY AND OTHERS

Admiralty practice - Stakeholders - Bunker suppliers becoming insolvent - Ship operators facing competing claims for price of bunkers supplied - Whether ship operators entitled to rely on “Stakeholders” rule to pay money into court to secure claims and prevent vessels being arrested - CPR Part 86.

[2015] 1 Lloyd's Rep. 280

ZHOUSHAN JINHAIWAN SHIPYARD CO LTD v GOLDEN EXQUISITE INC AND OTHERS

Contract - Shipbuilding contract - Buyer cancelling contract on ground of excessive delay by shipbuilder in delivering vessel - Whether cancellation wrongful - Whether relevant part of delay caused by buyer's own breach of contract - Whether buyer entitled to interest on sums refunded.

[2015] 1 Lloyd's Rep. 283

COMPANIA SUD AMERICANA DE VAPORES SA v HIN-PRO INTERNATIONAL LOGISTICS LTD

Carriage of goods by sea – Bills of lading containing English jurisdiction clause – Whether clause providing for exclusive jurisdiction – Whether claimant entitled to permanent anti-suit injunction and damages in respect of proceedings brought by defendant in China.

[2015] 1 Lloyd's Rep. 301

HBC HAMBURG BULK CARRIERS GMBH & CO KG v HUYTON INC (THE “GLORY SANYE”)

Charterparty (Voyage) – Addendum – Disponent owners chartering vessel for single voyage – Vessel unable to discharge cargo because of absence of receivers – Parties agreeing addendum substituting different discharge port – Charterers agreeing to indemnify disponent owners against losses and expenses arising from charterers’ failure to discharge cargo – Whether charterers bound to indemnify disponent owners in respect of costs incurred in transiting Suez Canal.

[2015] 1 Lloyd's Rep. 310

MONDE PETROLEUM SA v WESTERNZAGROS LTD

Arbitration – Jurisdiction – Agreement containing arbitration clause superseded by settlement agreement containing jurisdiction clause – Whether arbitration clause overridden by jurisdiction clause – Separability – Security for costs – Arbitration Act 1996, sections 7 and 67 – Civil Procedure Rules, rule 25.13.

[2015] 1 Lloyd's Rep. 330

TOYOTA TSUSHO SUGAR TRADING LTD v PROLAT SRL

Arbitration – Jurisdiction of tribunal – Application for declaration as to jurisdiction – Applicable law – Validity of arbitration clause – Arbitration Act 1996, sections 5 and 32 – Brussels Regulation, Council Regulation 44/2001/EC – Rome I Regulation, Council Regulation 583/2008/EC, articles 3, 4 and 10.

[2015] 1 Lloyd's Rep. 344

CAMPBELL v THOMAS COOK TOUR OPERATIONS LTD

Aviation – Disability discrimination – Discrimination at an airport outside the EU – Whether application of Equality Act 2010 precluded by European Parliament and Council Regulation 1107/2006/EC.

[2015] 1 Lloyd's Rep. 353

MSC MEDITERRANEAN SHIPPING CO SA v COTTONEX ANSTALT

Carriage of goods by sea – Container demurrage – Consignee not collecting containerised goods from discharge port – Containers remaining at discharge port more than three years after discharge – Carrier claiming container demurrage from shipper – Whether carrier required to nominate place for redelivery – Whether carrier under duty to mitigate – Whether carrier had legitimate interest in keeping contracts of carriage in force after unaccepted repudiatory breach by shipper.

[2015] 1 Lloyd's Rep. 359

GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD; CHINA NATIONAL CHARTERING CO LTD v DAIICHI CHUO KISEN KAISHA (THE “OCEAN VICTORY”)

Charterparty (Time) – Safe port warranty – Port taking precautions against existing dangers – Whether safe as a result – Negligent navigation – Bareboat charterparty – Whether demise charterers liable to ship owners for breach of safe port warranty – Insurance – Assignment – Subrogation – Barecon 89 Standard Bareboat Charter.

[2015] 1 Lloyd's Rep. 381

ASTON FFI (SUISSE) SA v LOUIS DREYFUS COMMODITIES SUISSE SA

Sale of goods (fob) – Buyer rejecting cargo of milling wheat in bulk – Whether buyer entitled to reject goods – Whether buyer's nomination of superintending surveyor contractually compliant – Whether buyer entitled to reject goods in absence of contractually compliant quality certificate – GAFTA forms 49, 124 and 125.

[2015] 1 Lloyd's Rep. 413

NAVIG8 INC v SOUTH VIGOUR SHIPPING INC AND OTHERS

Charterparty (Time) – Identity of parties – Charterers contending that counterparty was registered owner of vessel – Registered owner denying it was a party – Charter fixed by company managing vessel for demise charterers – Owners described in charter as “disponent owners” – Whether expression “disponent owners” capable of referring to managers – Whether managers had authority to act on behalf of registered owners – Whether managers in breach of implied warranty of authority.

[2015] 1 Lloyd's Rep. 436

SWISSMARINE SERVICES SA v GUPTA COAL INDIA PRIVATE LTD

Charterparty – Contract of affreightment – Damages – Charterer failing to nominate shipments – Owner accepting charterer's conduct as wrongful repudiation – Owner bringing proceedings in England claiming damages – Charterer bringing proceedings in India in breach of English jurisdiction clause – Measure of damages recoverable by owner.

[2015] 1 Lloyd's Rep. 456

PCL AND OTHERS v REGIONAL GOVERNMENT OF X

Arbitration – Peremptory order – Application for enforcement – Service of application outside the jurisdiction – Arbitration Act 1996, section 42 – State Immunity Act 1978, sections 12 and 14 – Civil Procedure Rules, Parts 11 and 62.

[2015] 1 Lloyd's Rep. 483

SHAGANG SOUTH-ASIA (HONG KONG) TRADING CO LTD v DAEWOO LOGISTICS

Arbitration – Jurisdiction – Validity of appointment of arbitrator – Parties agreeing that arbitration was to be held in Hong Kong with English law to be applied – Contract incorporating English law and arbitration clause – Whether parties had agreed for Hong Kong or English law as curial law – Validity of appointment of arbitrator – Arbitration Act 1996, sections 15, 16 and 18.

[2015] 1 Lloyd's Rep. 504

SIERRA FISHING CO AND OTHERS v FARRAN AND OTHERS

Arbitration – Application for removal of arbitrator – Justifiable doubts as to impartiality of arbitrator – Whether claimants had lost right to object – Arbitration Act 1996, sections 24(1)(a) and 73.

[2015] 1 Lloyd's Rep. 514

TRAFIGURA BEHEER BV v NAVIGAZIONE MONTANARI SPA (THE “VALLE DI CORDOBA”)

Charterparty (Voyage) – Vessel carrying cargo of premium motor spirit from Abidjan to Lagos – Vessel seized by pirates off Benin – Pirates transferring cargo from vessel – Whether transferred cargo constituted “in-transit loss” – Whether owners strictly liable for lost cargo – BPVOY3 form.

[2015] 1 Lloyd's Rep. 529

CARLOS SOTO SAU AND ANOTHER v AP MOLLER-MAERSK AS (THE “SFL HAWK”)

Carriage of goods by sea – Sale of goods (cfr) – Cargo of frozen swordfish rejected as unfit for human consumption – Bill of lading holder claiming damages against carrier for breach of contract of carriage – Whether bill of lading holder was owner of goods – Whether property passed on transfer of bill of lading – Whether bill of lading holder entitled to rely on “buyer in possession” exception to nemo dat quod non habet rule – Whether carrier's breach caused claimants' loss – Sale of Goods Act 1979, section 25.

[2015] 1 Lloyd's Rep. 537

INTEGRAL PETROLEUM SA v SCU-FINANZ AG

Conflict of laws – Oil trading agreement – Appeal against order setting aside a judgment in default – Characterisation – Choice of law – Formal validity – Rome I Regulation, articles 1(2) and 11 – Companies Act 2006, section 44 – Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009 No 1917 – CPR Part 13.

[2015] 1 Lloyd's Rep. 545

SECURE CAPITAL SA v CREDIT SUISSE AG

Conflicts of law – Applicable law – Contract – Right of action under Notes – Party entitled to action under Luxembourg law – Notes governed by English law – Characterisation of claim.

[2015] 1 Lloyd's Rep. 556

SHIPOWNERS' MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) v CONTAINERSHIPS DENIZCILIK NAKLIYAT VE TICARET AS (THE "YUSUF CEPNIOGLU")

Practice - Service out of jurisdiction - Anti-suit injunction - Charterers bringing direct action claim against owners - P&I Club in Turkey following grounding of vessel - Club cover providing for London arbitration - Whether court had jurisdiction to grant anti-suit injunction - Whether Turkish proceedings vexatious and oppressive - Whether injunction should be continued - Civil Procedure Rules, Practice Direction 6B, para 3.1(6)(c).

[2015] 1 Lloyd's Rep. 567

STEMCOR UK LTD v GLOBAL STEEL HOLDINGS LTD AND ANOTHER

Guarantee – Stay of judicial proceedings – Arbitration proceedings between principal debtor and creditor – Application for summary judgment by creditor against guarantor – Whether proceedings should be stayed pending outcome of arbitration.

[2015] 1 Lloyd's Rep. 580

FISH & FISH LTD v SEA SHEPHERD UK AND OTHERS (THE “STEVE IRWIN”)

Tort – Accessory liability – Marine conservation charity alleged to have used vessel to attack claimant's bluefin tuna cages – Claimant suing UK charity, US charity and master of attacking vessel – Whether UK charity liable as joint tortfeasor – Whether attack carried out pursuant to common design involving UK charity.

[2015] 1 Lloyd's Rep. 593

GAZPROM OAO

Arbitration – New York Convention 1958 – Anti-suit injunction granted by arbitrators – Whether award to be recognised and enforced in EU courts – Effect of grant of anti-suit injunction by EU court – Whether court injunction to be recognised and enforced in other EU courts – Brussels Regulation, European Council Regulation 44/2001/EC – Brussels Regulation Recast, European Regulation 1215/2012/EU.

[2015] 1 Lloyd's Rep. 610

VOLCAFE LTD AND OTHERS v COMPANIA SUD AMERICANA DE VAPORES SA (TRADING AS “CSAV”)

Carriage of goods by sea – Consignments of bagged coffee beans in containers carried on LCL/FCL terms – Cargo found to be damaged by condensation – Temporal scope of Hague Rules – Burden of proof – Whether damage inevitable – Whether carrier failed properly and carefully to load and carry the goods – Hague Rules, articles I(e) and III(2).

[2015] 1 Lloyd's Rep. 639

Y v S

Arbitration – Enforcement of arbitration award – Arbitration Act 1996, sections 1, 66 and 67 – CPR 62.18.

[2015] 1 Lloyd's Rep. 703