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SHANGHAI SHIPYARD CO LTD v REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD
Contract - Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor’s liability dependent upon time of commencement of arbitration relating to underlying dispute.
[2022] Lloyd's Rep. Plus 1
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MANCHESTER CITY FOOTBALL CLUB LTD v THE FOOTBALL ASSOCIATION PREMIER LEAGUE LTD AND OTHERS
Arbitration – Confidentiality – Whether judgment affecting arbitration should be published – Jurisdiction of Court of Appeal to hear appeal – Whether judgment should be published – Senior Courts Act 1981, sections 16 and 18(1)(g).
[2022] Lloyd's Rep. Plus 2
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READIE CONSTRUCTION LTD v GEO QUARRIES LTD
Sale of goods – Goods not of correct quality – Contract term barring deduction from price – Whether applicable to abatement – Whether seller entitled to recover price – Sale of Goods Act 1979, section 49(2).
[2022] Lloyd's Rep. Plus 3
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ADACTIVE MEDIA INC v INGROUILLE
Arbitration – Contract containing arbitration and jurisdiction clauses – Reconciliation – Enforcement of foreign judgment – Civil Jurisdiction and Judgments Act 1982, section 32.
[2022] Lloyd's Rep. Plus 4
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NEWCASTLE UNITED FOOTBALL CO LTD v FOOTBALL ASSOCIATION PREMIER LEAGUE LTD AND OTHERS
Arbitration – Application for removal of arbitrator – Apparent bias – Failure to disclose potential conflicts of interest on appointment – Privacy – Arbitration Act 1996, section 24 – CPR 62.10.
[2022] Lloyd's Rep. Plus 5
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SPACE SHIPPING LTD v ST SHIPPING AND TRANSPORT PTE LTD (THE “CV STEALTH”) (NO 4)
Arbitration – Vessel subjected to prolonged detention by Venezuelan courts – Owners making series of arbitration claims against charterers – Arbitrator giving charterers credit for US$1.4 million drydocking fees potentially saved by owners – Whether arbitrator erred in law in deducting saved drydocking fees from owners’ claim.
[2022] Lloyd's Rep. Plus 6
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AI GIORGIS OIL TRADING LTD v AG SHIPPING & ENERGY PTE LTD (THE “MARQUESSA”)
Charterparty (Time) – Charterers failing to pay hire promptly – Owners treating charterers’ conduct as repudiatory – Owners claiming accrued hire up to termination of charter and for damages for charterers’ breach – Summary judgment – CPR 24.2.
[2022] Lloyd's Rep. Plus 7
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HAMILTON v SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY AND ANOTHER
Practice – Enforcement – Writs of control – Enforcement agent taking control of motor vessel and applying for order of sale – Third party asserting ownership of vessel and opposing sale order – High Court dismissing third party’s claim and ordering sale of vessel – Whether High Court had jurisdiction to make order of sale – Whether enforcement agent empowered to sell vessel – Whether vessel statutorily abandoned – Tribunals, Courts and Enforcement Act 2007, schedule 12, paras 40, 53 and 60 – The Taking Control of Goods Regulations 2013, Regulation 9 – Civil Procedure Rules, Part 85.4.
[2022] Lloyd's Rep. Plus 8
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HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)
General average – Vessel held to ransom by pirates in Gulf of Aden – Shipowners seeking to recover ransom payment from bill of lading holders – Whether charterparty provision for charterers to pay war risk and ransom insurance premiums incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.
[2022] Lloyd's Rep. Plus 9
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SPLITT CHARTERING APS AND OTHERS v SAGA SHIPHOLDING NORWAY AS AND OTHERS (THE “STEMA BARGE II”)
Limitation of liability – Dumb barge alleged to have damaged undersea cable - Whether company operating machinery of barge was “the manager or operator” of the barge – Whether company entitled to limit liability – Convention on Limitation of Liability for Maritime Claims 1976, article 1(2).
[2022] Lloyd's Rep. Plus 10
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KARPIK v CARNIVAL PLC (THE “RUBY PRINCESS”)
Contracts (carriage of passengers) – Outbreak of Covid-19 onboard cruise ship – Passengers’ claim in tort and under consumer legislation – Application for stay – Incorporation of terms – Carrier’s terms and conditions – Exclusive jurisdiction clause – Class action waiver clause – Consumer law – Unfair terms –Representative proceedings under Part IVA of the Federal Court of Australia Act 1976 – Australian Consumer Law, sections 18, 29, 60 and 61.
[2022] Lloyd's Rep. Plus 11
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M/V PACIFIC PEARL CO LTD v OSIOS DAVID SHIPPING INC
Admiralty – Collision action – Collision jurisdiction agreement – Each shipowner to provide security “in a form reasonably satisfactory to the other” – Whether letter of undertaking containing sanctions clause was in a form “reasonably satisfactory” to the other – Whether implied term of collision jurisdiction agreement that offer of letter of undertaking in “reasonably satisfactory” form had to be accepted.
[2022] Lloyd's Rep. Plus 12
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EASTERN PACIFIC CHARTERING INC v POLA MARITIME LTD (THE “POLA DEVORA”)
Jurisdiction – Scope of charterparty jurisdiction clause – Disputes to which clause applicable – Meaning of “in connection with” – Claim in tort arising out of alleged wrongful arrest – CPR 11.1 and 3.4(2) – Arrest Convention 1952, articles 4, 6, 7 – Brussels Convention 1968, articles 4, 17, 18, 21, 22, 24 – Civil Jurisdiction and Judgments Act 1982, Schedule 1 – Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997 (SI 1997 No 2602).
[2022] Lloyd's Rep. Plus 14
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PERFECT BEST ASSET MANAGEMENT INC v ADL EXPRESS LTD AND ANOTHER
Contracts (bills of lading) – Misdelivery – Delivery without presentation of the bills of lading – Proof of quantum.
[2022] Lloyd's Rep. Plus 15
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NAVIG8 CHEMICALS POOL INC v AETURNUM ENERGY INTERNATIONAL PTE LTD (THE “NAVIG8 AMETRINE”)
Charterparty (Time) – Letter of indemnity – Charter containing provision obliging owners to deliver cargo without production of bills of lading against LOI – Charterers requesting discharge of cargo without production of bills of lading – Cargo discharged to receiver nominated by charterers – Whether production of identification of receiver condition precedent to triggering of charterer’s obligations under LOI – Whether charterers in breach of LOI – Whether disponent owners entitled to mandatory injunction and damages.
[2022] Lloyd's Rep. Plus 16
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THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE FRENCH STATE (THE “PRESTIGE”) (NOS 3 AND 4)
Arbitration – Claims against France and Spain for failure to honour arbitration award and failure to honour enforcement judgment in respect of the award – Whether France and Spain entitled to sovereign immunity – Appointment of an arbitrator – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Effect of declaratory award – Whether judgment claims governed by insurance jurisdiction rules – Arbitration Act 1996, sections 18 and 66 – State Immunity Act 1978, sections 3 and 9 – Civil Procedure Rules, Practice Direction 6B – Brussels Regulation Recast, European and Council Regulation (EU) No 1215/2012, articles 10 to 14.
[2022] Lloyd's Rep. Plus 17
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NORD NAPHTHA LTD v NEW STREAM TRADING AG
Contracts – Interpretation – Sale of ultra-low sulphur diesel – Advance paid – Contract terminated – Claim for return of advance – Force majeure.
[2022] Lloyd's Rep. Plus 18
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BLACK SEA COMMODITIES LTD v LEMARC AGROMOND PTE LTD
Arbitration – Jurisdiction of arbitrators – Contract – Arbitration agreement – Sale agreement – Whether arbitration agreement concluded – Whether GAFTA arbitration clause incorporated by custom – Arbitration Act 1996, section 67.
[2022] Lloyd's Rep. Plus 19
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SALT SHIP DESIGN AS v PRYSMIAN POWERLINK SRL
Contracts – Ship design – Claimant exclusively appointed to design vessel – Interpretation – Duration of exclusivity – Confidential design documents used by third party to produce alternative design – Tort – Unlawful means conspiracy – Exemplary damages – Trade Secrets (Enforcement, etc) Regulations 2018 (SI 2018 No 597).
[2022] Lloyd's Rep. Plus 20
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TWW YACHTS SARL v THE YACHT “LORETTA” (NO 1)
Contracts – Sale of yacht – Variation – Written contract for sale and purchase of yacht varied by later oral meeting.
[2022] Lloyd's Rep. Plus 21
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TWW YACHTS SARL v THE YACHT “LORETTA” (NO 2)
Contracts – Sale of yacht – Parties having varied contract with condition that buyer show carriage contract for the transport of the yacht – Beneficial buyer concluding carriage contract – Specific performance ordered – Whether buyer entitled to credit for cost of cancelled carriage contract – MYBA standard terms, clause 41.
[2022] Lloyd's Rep. Plus 22
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TWW YACHTS SARL v THE YACHT “LORETTA” (NO 3)
Procedure – Enforcement of judgment – Joinder of non-party – Party’s cooperation required for enforcement – Non-party a beneficial owner and in control of seller of yacht – Federal Court Rules 2011 (Cth), rule 9.05(1)(b)(i).
[2022] Lloyd's Rep. Plus 23
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WARNER v SCAPA FLOW CHARTERS
Carriage of passengers – Liability of carrier – Death or personal injury – Defect in ship – Fault or neglect – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 – Merchant Shipping Act 1995, section 183 – Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987 (SI 1987 No 670).
[2022] Lloyd's Rep. Plus 24
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ROYAL CARIBBEAN CRUISES LTD AND ANOTHER v REED AND ANOTHER
Jurisdiction – Personal injury to tourists on volcano island excursion – Carriage of persons – Application to serve process abroad – Agreement relating to carriage of persons by a ship – Requirement that proceedings be of a kind mentioned in rule 10.42 of the Federal Court Rules 2011 (Cth) is satisfied – Admiralty Act 1988 (Cth), sections 4(1), 4(3)(f) and 9(1) – Federal Court Rules 2011 (Cth), rules 10.42 and 10.43.
[2022] Lloyd's Rep. Plus 25
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ROYAL CARIBBEAN CRUISES LTD AND ANOTHER v REED AND ANOTHER (NO 3)
Procedure – Service – Personal injury to tourists on volcano island excursion – Carriage of persons – Service of process abroad – Federal Court Rules 2011 (Cth), rules 10.48 and 10.49.
[2022] Lloyd's Rep. Plus 26
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SODZAWICZNY v MCNALLY
Arbitration – Summary enforcement – Equitable remedy – Discretion of court – Arbitration Act 1996, section 66.
[2022] Lloyd's Rep. Plus 27
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ARKLOW SHIPPING UNLIMITED CO AND OTHERS v DROGHEDA PORT CO DAC (THE “ARKLOW VALOUR”)
Docks and harbours – Vessel grounding on sandbar at mouth of River Boyne – Sandbar within limits of Drogheda Harbour managed by defendant port company – Whether defendant liable – Whether breach of statutory duty – Whether defendant “occupier” of entrance to harbour – Whether defendant in breach of duty – Whether grounding caused by alleged incorrect advice on part of defendant as to maximum sailing draft – Harbours Act 1996 – Occupiers’ Liability Act 1995.
[2022] Lloyd's Rep. Plus 28
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HOLYHEAD MARINA LTD v FARRER AND OTHERS
Limitation of liability – Marina damaged by storm – Owner of marina bringing limitation claim against owners of damaged pleasure craft – Whether marina owner entitled to limit – Whether marine a “dock” – Merchant Shipping Act 1995, section 191.
[2022] Lloyd's Rep. Plus 29
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JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS
Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured’s failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty.
[2022] Lloyd's Rep. Plus 30
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ROYAL CARIBBEAN CRUISES LTD v BROWITT
Procedure – Anti-suit injunction – Proceedings against the first applicant in Florida – Whether in breach of exclusive jurisdiction clause – Whether first applicant a party to or having rights under exclusive jurisdiction clause – Whether second applicant entitled to enforce exclusive jurisdiction clause with respect to proceedings against first applicant – Whether Florida proceedings vexatious and oppressive – Contracts – Whether carrier’s standard terms and conditions incorporated into contract of carriage – Whether signature by customer of travel agent’s terms and conditions providing for bookings on the carrier’s terms and conditions sufficient to incorporate the latter – Whether reasonable notice of carrier’s standard terms and conditions given to the customer – Agency – Whether travel agent an agent for the customer in making the booking – Whether notice of carrier’s standard terms and conditions to travel agent constituting notice to customer – Whether dual agency.
[2022] Lloyd's Rep. Plus 31
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ROBERTSON AND ANOTHER v BEMBRIDGE HARBOUR IMPROVEMENTS CO LTD (THE MY “TANGENT”)
Contracts – Yachts – Yacht sinking in marina – Cause of sinking – Liability of marina owner – Quantum of loss.
[2022] Lloyd's Rep. Plus 32
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RIVER COUNTESS BV AND OTHERS v MSC CRUISE MANAGEMENT (UK) LTD
Collision – Cruise ships – Applicable law – Responsibility agreed – Recoverability of non-physical losses under Italian law.
[2022] Lloyd's Rep. Plus 33
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FALCON TRIDENT SHIPPING LTD v LEVANT SHIPPING LTD
Procedure – Costs – Pre-action settlement offer – Fees incurred in investigating and securing a claim in another jurisdiction – CPR Part 36.
[2022] Lloyd's Rep. Plus 36
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HAPPY SHIPPING LTD (OWNERS OF THE M/V “HAPPY LUCKY”) v MARINE SHIPPING COMPANY LTD (OWNERS OF THE M/V “FESCO VOYAGER”)
Anti-suit injunction – Collision – Whether collision agreement providing for English jurisdiction reached in negotiations following collision.
[2022] Lloyd's Rep. Plus 38
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ENEMALTA PLC v THE STANDARD CLUB ASIA LTD (THE “DI MATTEO”)
Jurisdiction – P&I Club letter of undertaking – Exclusive English jurisdiction clause – Effect of limitation proceedings in Singapore on letter of undertaking.
[2022] Lloyd's Rep. Plus 40
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OWNERS AND UNDERWRITERS OF THE MV “MSC SUSANNA” AND ANOTHER v TRANSNET (SOC) LTD AND ANOTHER (THE “MSC SUSANNA”)
Admiralty – Collision – Limitation of liability – Right of owner of merchant vessel to limit liability against claim by defence force – Merchant Shipping Act 1951 (South Africa), sections 3 and 261.
[2022] Lloyd's Rep. Plus 41
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MALAYAN BANKING BERHAD v PROCEEDS OF THE SALE OF THE SHIP “TERAS BANDICOOT”
Admiralty – Ship sale – Proceeds of sale – Application for default or summary judgment against proceeds – Orders for the judicial sale of the vessel made in related proceedings – Court holding proceeds of sale pending determination of priorities – Whether but for the judicial sale of the vessel the plaintiff could have commenced an action in rem – Whether plaintiff’s claim for repayment and interest under ship’s mortgage a proprietary maritime claim – Whether summary judgment or default judgment the appropriate mechanism in circumstances where owner of vessel has not filed an appearance and has evinced no intention to participate in or defend proceedings.
[2022] Lloyd's Rep. Plus 42
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MALAYAN BANKING BERHAD v PROCEEDS OF THE SALE OF THE SHIP “LAUREN HANSEN”
Admiralty – Ship sale – Proceeds of sale – Application for default or summary judgment against proceeds – Orders for the judicial sale of the vessel made in related proceedings – Court holding proceeds of sale pending determination of priorities – Whether but for the judicial sale of the vessel the plaintiff could have commenced an action in rem – Whether plaintiff's claim for repayment and interest under ship’s mortgage a proprietary maritime claim – Whether summary judgment or default judgment the appropriate mechanism in circumstances where owner of vessel has not filed an appearance and has evinced no intention to participate in or defend proceedings.
[2022] Lloyd's Rep. Plus 43
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THE “NAVIOS KOYO”
Arbitration – Stay of court proceedings – Whether stay should be made conditional upon defendant waiving time-bar defence.
[2022] Lloyd's Rep. Plus 44
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THE “BIG FISH”
Admiralty – Procedure – Action in rem – Conflict of laws – Forum election – Lis alibi pendens – Striking out – Duty of disclosure.
[2022] Lloyd's Rep. Plus 45
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ZHD v SQO
Arbitration – Anti-suit injunction – Incorporation of arbitration clause into bill of lading – Order restraining defendant from continuing foreign proceedings and requiring action to have the proceedings stayed – Permission to serve outside the jurisdiction – Alternative service – Senior Courts Act 1981, section 37 – CPR 6.15, 6.27, 6.37, 62.5 and PD6B.
[2022] Lloyd's Rep. Plus 46
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MONJASA LTD AND ANOTHER v THE VESSEL “ASTORIA” AND ANOTHER
Admiralty – Successful party – Costs.
[2022] Lloyd's Rep. Plus 49
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OWNERS OF “KEN BREEZE” v OWNERS OF “PACIFIC GRACE” AND OTHERS
Admiralty – Costs – Collision – Application for stay – Negotiations of security for alternative proceedings delaying stay decision.
[2022] Lloyd's Rep. Plus 50
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MATTHEW AND OTHERS v SEDMAN AND OTHERS
Limitation of actions – Accrual of cause of action – Whether first day on which a claim could be made was included in the limitation period – Limitation Act 1980, sections 2, 5 and 21.
[2022] Lloyd's Rep. Plus 51
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NAVIG8 CHEMICALS POOL INC v AETURNUM ENERGY INTERNATIONAL PTE LTD (THE “NAVIG8 AMETRINE”)
Practice – Costs – Whether to be assessed on standard or indemnity basis – Interest – Judgment sum awarded in US dollars – Whether interest to be awarded on basis of US Prime Rate or US dollar LIBOR.
[2022] Lloyd's Rep. Plus 52
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LLC AGRONEFTEPRODUKT v AMEROPA AG
Arbitration – Jurisdiction – Validity of notice of arbitration – Rectification – Estoppel – Arbitration Act 1996, sections 14(4) and 67.
[2022] Lloyd's Rep. Plus 53
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CHELLURI v AIR INDIA LTD
Aviation – Compensation for delayed flight – Booking for US to India using four flights – Whether compensation payable for delay in the UK –European Parliament and Council Regulation (EC) No 261/2004.
[2022] Lloyd's Rep. Plus 54
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SAS INSTITUTE INC v WORLD PROGRAMMING LTD
Anti-suit injunction – Anti-enforcement injunction – Enforcement of judgments – Exorbitant enforcement orders – Comity – Location of debts.
[2022] Lloyd's Rep. Plus 55
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NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE “ALEXANDRA 1” AND “EVER SMART”)
Collision – Crossing vessels – Collision between inbound and outbound vessels in pilot boarding area just outside narrow channel to Port of Jebel Ali – Narrow channel rule – Duty of stand-on vessel – Apportionment of liability – International Regulations for Preventing Collisions at Sea 1972, rules 9, 15 and 17.
[2022] Lloyd's Rep. Plus 56
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ROYAL CARIBBEAN CRUISES LTD v RAWLINGS
Tort – Trespass to the person – False imprisonment – Cruise passenger detained onboard after allegation of sexual assault – Whether detention justified.
[2022] Lloyd's Rep. Plus 57
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THE DEPOSIT GUARANTEE FUND FOR INDIVIDUALS v BANK FRICK & CO AG AND ANOTHER
Arbitration – Stay of proceedings – Alternative applications for stay and for summary judgment – Whether summary judgment application was a step in the proceedings – Arbitration Act 1996, section 9.
[2022] Lloyd's Rep. Plus 58
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TENKE FUNGURUME MINING SA v KATANGA CONTRACTING SERVICES SAS
Arbitration – Serious irregularity – Refusal of tribunal to allow site inspection – Refusal of tribunal to adjourn for illness of leading counsel – Award of litigation funding costs – Award of compound interest – Arbitration Act 1996, sections 33, 49, 59, 61 and 68.
[2022] Lloyd's Rep. Plus 59
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CLQ v CLR
Arbitration – Jurisdiction – Judicial proceedings commenced despite existence of arbitration clause – Nature of appeal hearing – Whether arbitration clause repudiated.
[2022] Lloyd's Rep. Plus 60
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SHARP CORPORATION LTD v VITERRA BV (PREVIOUSLY KNOWN AS GLENCORE AGRICULTURE BV)
Sale of goods (c&f) – Contracts for sale of pulses – Buyer failing to make payment – Seller reselling goods and claiming damages for default – Assessment of market value of goods on date of default – GAFTA default clause – GAFTA 24.
[2022] Lloyd's Rep. Plus 61
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PUSAN NEWPORT CO LTD v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIPS OR VESSELS “MILANO BRIDGE” AND “CMA CGM MUSCA” AND “CMA CGM HYDRA”
Conflict of laws – Forum non conveniens – Allision between vessel and berth at South Korean maritime terminal – Terminal operator bringing Admiralty Action against sister ship in Hong Kong – Vessel owners bringing cross action and limitation proceedings in South Korea – Whether Hong Kong action should be stayed – Relevance of forum shopping.
[2022] Lloyd's Rep. Plus 62
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AKULININA AND ANOTHER v IFLY SA
Aviation – Jurisdiction – Fatal air crash – Montreal Convention 1999, article 33.
[2022] Lloyd's Rep. Plus 63
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MINISTER OF FINANCE (INCORPORATED) AND ANOTHER v INTERNATIONAL PETROLEUM INVESTMENT CO AND ANOTHER
Arbitration – Serious irregularity – Consent award allegedly obtained by fraud – Extension of time for appeal - Arbitration Act 1996, sections 1(a), 51(2), 68(2)(g), 70(3) and 80(5).
[2022] Lloyd's Rep. Plus 64
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NWA AND ANOTHER v NVF AND OTHERS
Arbitration – Jurisdiction – Tiered arbitration clause – Challenge to decision of arbitrator – Whether jurisdiction or admissibility – Arbitration Act 1996, sections 30, 67 and 82.
[2022] Lloyd's Rep. Plus 65
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MAERSK A/S v MERCURIA ENERGY TRADING SA
Practice – Anti-suit injunction – Contracts of carriage containing exclusive English jurisdiction clause and one-year time bar – Cargo owners bringing proceedings in Turkey against carrier and others – Carrier applying for anti-suit injunction – Whether injunction should be refused on grounds of delay or of prejudice to cargo owners by reason of time-bar – Whether court should impose conditions – Senior Courts Act 1981, section 37.
[2022] Lloyd's Rep. Plus 67
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SK SHIPPING EUROPE PLC v CAPITAL VLCC 3 CORP AND ANOTHER (THE “C CHALLENGER”)
Charterparty (Time) – Misrepresentation – Whether owners misrepresented vessel’s fuel consumption – Whether owners in repudiatory breach of charter – Whether charterers entitled to rescind or terminate charter for misrepresentation or repudiatory breach –– Whether guarantor liable.
[2022] Lloyd's Rep. Plus 68
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SPC AVIATION LTD v AIR LINK ONE LTD
Aviation – Meaning of demise charter.
[2022] Lloyd's Rep. Plus 73
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PUBLIC JOINT STOCK COMPANY (“ROSGOSSTRAKH”) v STARR SYNDICATE LTD AND OTHERS
Foreign judgment – Recognition and enforcement – Summary judgment application – Defences based on want of jurisdiction and bias – Whether there was a real prospect that defences were available.
[2022] Lloyd's Rep. Plus 74
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UNIÓN FENOSA GAS SA v ARAB REPUBLIC OF EGYPT
Arbitration – Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) – Enforcement and recognition of ICSID awards – Procedure for registration in England – Whether service of claim form required – CPR 6, 62.21 and 74.
[2022] Lloyd's Rep. Plus 75
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DHL PROJECT & CHARTERING LTD v GEMINI OCEAN SHIPPING CO LTD (THE “NEWCASTLE EXPRESS”)
Arbitration – Jurisdiction – Recap email setting out agreed terms of charterparty but stated to be subject to shipper’s approval – Agreed terms including London arbitration clause – Shippers not approving vessel – Whether arbitration agreement concluded – Separability doctrine – Arbitration Act 1996, sections 7 and 67.
[2022] Lloyd's Rep. Plus 84