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W NAGEL (A FIRM) v PLUCZENIK DIAMOND CO NV
[2019] Lloyd's Rep Plus 1
Agency - Compensation following termination of agency relationship - Meaning of "commercial agent" - Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3053), Regulation 2 - Breach of agreement not to terminate agency - Measure of damages.
THE “SWIBER CONCORDE”
[2019] Lloyd's Rep Plus 2
Admiralty – Judicial ship sale – Forfeited deposit upon rescinded sale – Whether forfeited to State to forming part of proceeds of sale.
CLASSIC MARITIME INC v LIMBUNGAN MAKMUR SDN BHD AND ANOTHER
[2019] Lloyd's Rep Plus 3
Charterparty - Contract of affreightment - Long-term contract for carriage of iron ore pellets from Brazil to Malaysia - Bursting of dam stopping production of iron ore - Owner claiming damages from charterer for failure to make shipments following dam burst - Whether charterer entitled to rely on force majeure clause - Whether owner entitled to substantial damages.
SHAGANG SHIPPING CO LTD (IN LIQUIDATION) v HNA GROUP CO LTD
[2019] Lloyd's Rep Plus 4
Bribery - Claim under guarantee for performance of charterparty - Allegation that charterparty procured by bribery and unenforceable - Evidence of bribery allegedly obtained by torture - Whether charterparty enforceable.
NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE "ALEXANDRA 1" AND "EVER SMART")
[2019] Lloyd's Rep Plus 5
Collision action - Crossing rules - Whether applicable to vessel navigating towards narrow channel - Apportionment of liability - International Regulations for Preventing Collisions at Sea 1972, rules 15, 16 and 17.
MARTY LTD v HUALON CORPORATION (MALAYSIA) SDN BHD
[2019] Lloyd's Rep Plus 6
Arbitration – Jurisdiction – Respondent commenced judicial proceedings in breach of an arbitration clause – Whether the respondent was in repudiatory breach of arbitration agreement – Whether the appellant had accepted the repudiation – Whether arbitrator had jurisdiction over the dispute between the parties.
FLEETWOOD WANDERERS LTD (T/A FLEETWOOD TOWN FOOTBALL CLUB) v AFC FYLDE LTD
[2019] Lloyd's Rep Plus 7
Arbitration – Jurisdiction – Serious irregularity – Arbitrator relying on extraneous evidence – Waiver – Arbitration Act 1996, sections 68, 69 and 73.
CANPOTEX SHIPPING SERVICES LTD AND OTHERS v MARINE PETROBULK LTD AND OTHERS
[2019] Lloyd's Rep Plus 8
Contracts – Bunker suppliers – Contractual claim – Interpretation of terms and conditions – Meaning of insistence on terms in negotiation
CSSA CHARTERING AND SHIPPING SERVICES SA v MITSUI OSK LINES LTD (THE “PACIFIC VOYAGER”)
[2019] Lloyd's Rep Plus 9
Charterparty (Voyage) – Charterparty containing cancelling date but no ETA – Nature of owners’ obligation to commence approach voyage – Whether obligation absolute or to use due diligence – Whether cancelling date constituted the time when approach voyage had to be commenced – Vessel delayed through no fault of owners – Whether owners in breach of obligation in relation to approach voyage.
NOOR MARITIME LTD v CALANDRA SHIPPING CO LTD
[2019] Lloyd's Rep Plus 10
Admiralty – Collision – Procedure – Party to a collision action to be represented by different solicitors as claimant and defendant.
SGB FINANCE SA v THE OWNERS AND ALL PERSONS CLAIMING AN INTEREST IN THE MV “CONNOISSEUR”
[2019] Lloyd's Rep Plus 11
Admiralty – Ship arrest – Challenge to jurisdiction – Loan agreement – Maritime claim – Recast Brussels Regulation 1215/2012/EU – Forum non conveniens – Arrest Convention 1952.
SOLEA INTERNATIONAL BVBA v BASSETT & WALKER INTERNATIONAL INC
[2019] Lloyd's Rep Plus 12
Sale of goods – CIF sale of container of shrimp – Fundamental terms – Mitigation – Estoppel – Unjust enrichment – Convention on Contracts for the International Sale of Goods 1980, articles 49, 53, 74 to 77, 78.
ASPEN UNDERWRITING LTD v CREDIT EUROPE BANK NV
[2019] Lloyd's Rep Plus 13
Conflict of laws – Jurisdiction – Hull and machinery policy – Recovery of paid insurance proceeds – Settlement agreement – Exclusive jurisdiction clauses in settlement agreement and policy – Whether binding on mortgagee bank – Tort, delict or quasi-delict – Undisclosed principal – “Matters relating to insurance” – Place where harmful event occurred – Insurance –Brussels Regulation Recast, Regulation 1215/2012/EU, articles 7, 10 and 14.
MIDNIGHT MARINE LTD AND ANOTHER v THOMAS MILLER SPECIALITY UNDERWRITING AGENCY LTD (THE “LABHAULER”)
[2019] Lloyd's Rep Plus 14
Arbitration – Award – Respondent challenging award in High Court for serious irregularity and on question of law – Challenges dismissed on paper – Respondent renewing applications by way of oral hearing – Procedure to be adopted for oral hearings – Commercial Court Guide, para O8.5 – Arbitration Act 1996, sections 68 and 69.
NATWEST MARKETS PLC (FORMERLY KNOWN AS THE ROYAL BANK OF SCOTLAND PLC) v STALLION EIGHT SHIPPING CO SA (THE “MV ALKYON”)
[2019] Lloyd's Rep Plus 15
Admiralty practice – Arrest of vessel by mortgagee – Shipowner applying for order releasing vessel from arrest unless mortgagee provided cross-undertaking in damages – Whether cross-undertaking should be imposed as condition of release.
LORD ENERGY SA v THE SHIP “MV DANGJIN”
[2019] Lloyd's Rep Plus 16
Admiralty – Vessel arrested in capacity of sister ship – Vessel held in trust as security for loan from bank – Bank the preferred beneficiary – Trustor a non-preferred beneficiary – Whether trustor the beneficial owner of ship – Korean Trust Act – Admiralty Act 1988 (Cth), sections 17, 18 and 19.
KOREA SHIPPING CORPORATION v LORD ENERGY SA (THE “MV DANGJIN”)
[2019] Lloyd's Rep Plus 17
Admiralty – Title to ship transferred to trustee under trust for benefit of security holder – Ship registered in name of trustee held as security – Whether debtor beneficial owner of ship – Admiralty Act (Cth), section 19(b).
CLOSE BROTHERS LTD v AIS (MARINE) 2 LTD (IN LIQUIDATION) AND ANOTHER (THE “OCEAN WIND 8 OF HARTLEPOOL”)
[2019] Lloyd's Rep Plus 18
Admiralty – Ship mortgage – Sale of vessel by mortgagee in possession – Sale price insufficient to cover mortgage debt – Mortgagee claiming shortfall from guarantor of mortgagor – Whether sale was at an undervalue.
THE “LONG BRIGHT”
[2019] Lloyd's Rep Plus 19
Admiralty – Judicial sale – Court having ordered sale of arrested vessel – Plaintiff not entitled as of right to release vessel and stop sale – Judicial discretion exercised to release vessel.
EURO-ASIAN OIL SA v CREDIT SUISSE AG AND OTHERS
[2019] Lloyd's Rep Plus 20
Banking – Letter of credit – Sale of goods – Letter of indemnity – Contract for sale of gasoil CIF Constanza – Payment to be made against shipping documents or letter of indemnity – Letter of indemnity signed by seller and by seller’s bank - Buyer paying price but receiving no product – Buyer suing seller and seller’s bank – Whether contract in fact on CIF terms – Whether buyer entitled to damages – Measure of damages – Whether seller’s bank entitled to full indemnity from seller – Sale of Goods Act 1979, section 51(3).
A v B
[2019] Lloyd's Rep Plus 21
Arbitration – Award - Serious irregularity – Appeal on points of law - Shipowners in breach of clause guaranteeing vessel’s approval by oil majors – Whether tribunal guilty of serious irregularity – Whether tribunal erred in awarding charterers loss of profits in addition to wasted expenditure – Whether damages ought to have been awarded on loss of chance principle – Arbitration Act 1996, sections 68 and 69.
KAEFER AISLAMIENTOS SA DE CV v AMS DRILLING MEXICO SA DE CV AND OTHERS (THE “ATLANTIC TIBURON 1”)
[2019] Lloyd's Rep Plus 22
Practice – Service of claim form out of jurisdiction – Exclusive jurisdiction agreement – Whether third and fourth defendants were undisclosed principals – Test to be applied for determination of jurisdictional question – Brussels Regulation (Recast), Council Regulation 1215/2012/EU, article 25.
HPOR SERVICOS DE CONSULTORIA LTDA v DRYSHIPS INC AND ANOTHER
[2019] Lloyd's Rep Plus 23
Agency – Breach of fiduciary duty – Account of profits – Forfeiture of remuneration – Arbitration Act 1996, section 69.
GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA
[2019] Lloyd's Rep Plus 24
Arbitration – Enforcement – Sovereign immunity – Whether enforcement order has to be served on State – Arbitration Act 1996, section 101 – State Immunity Act 1978, section 12 – CPR 6.16, 6.44, 6.28 and 62.18.
WARNER v SCAPA FLOW CHARTERS
[2019] Lloyd's Rep Plus 25
Practice – Limitation of time – Death of passenger on chartered vessel – Widow bringing action in negligence against charterers on behalf of dependant minor son – Whether claim time-barred – Athens Convention 1974, article 16(3) – Prescription and Limitation (Scotland) Act 1973, section 18.
A v B
[2019] Lloyd's Rep Plus 26
Arbitration – Serious irregularity – Substantial injustice – Decision by tribunal to refuse to admit witness evidence – Arbitration Act 1996, sections 33 and 68(2).
CARPATSKY PETROLEUM CORPORATION v PJSC UKRNAFTA
[2019] Lloyd's Rep Plus 27
Arbitration – Enforcement of award – Public policy – Fraud allegedly discovered after arbitration – Arbitration Act 1996, sections 101 and 103.
BLANCHE v EASYJET AIRLINE CO LTD
[2019] Lloyd's Rep Plus 28
Aviation – Delayed flight – Compensation – Whether air traffic management decision an extraordinary circumstance – Regulation 261/2004/EC, recital (15) and articles 5 and 7.
J v K
[2019] Lloyd's Rep Plus 29
Arbitration – Jurisdiction – Serious irregularity – Construction of dispute resolution clause – Expert determination – Allegation that tribunal reopened earlier award – Arbitration Act 1996, sections 67 and 68.
ZAKO SPRL v SANIDEL SA
[2019] Lloyd's Rep Plus 30
Agency – Right of compensation for dismissal of commercial agent – Meaning of “commercial agent” – Commercial Agents Directive, European Parliament and Council Directive 86/353/EEC.
QINGDAO HUIQUAN SHIPPING CO v SHANGHAI DONG HE XIN INDUSTRY GROUP CO LTD
[2019] Lloyd's Rep Plus 31
Practice – Anti-suit injunction – Shipowners and cargo receivers concluding settlement agreement containing London arbitration clause – Third party bringing proceedings against shipowners in Chinese courts based on settlement agreement – Whether shipowners entitled to anti-suit injunction against third party.
AIRBUS SAS v GENERALI ITALIA SPA AND OTHERS
[2019] Lloyd's Rep Plus 32
Conflicts – Jurisdiction – Subrogated insurers claiming in tort in Italy – Exclusive jurisdiction clause.
PT SURYA CITRA MULTIMEDIA v BRIGHTPOINT SINGAPORE PTE LTD
[2019] Lloyd's Rep Plus 33
Contracts – Sale of goods – Time of the essence – Mercantile contracts – Whether time of the essence in contract for the sale of goods – Mitigation Seller rejecting buyer’s post-breach offer to purchase rejected goods – Whether seller’s rejection reasonable – Sale of Goods Act (Cap 393, 1999 Rev Ed) sections 10, 48 and 50.
GUNVOR SA v CRUGAS YEMEN LTD AND ANOTHER
[2019] Lloyd's Rep Plus 34
Contract – Term contract for monthly shipments of gasoline – Demurrage – Identity of buyer.
GRIFFIN UNDERWRITING LTD v VAROUXAKIS (THE “FREE GODDESS”)
[2019] Lloyd's Rep Plus 35
Jurisdiction – Challenge to jurisdiction – Whether in time – Relief from sanctions – Matters relating to insurance – Civil Procedure Rules, rule 11(5).
THE “NUR ALLYA”
[2019] Lloyd's Rep Plus 36
Admiralty practice – Service of writ – Collision actions – Plaintiffs issuing writs timeously but failing to serve them within 12 months – Whether plaintiffs entitled to orders extending validity of writs – Relevance of settlement negotiations – Maritime Conventions Act 1911, section 8 – Rules of Court (Cap 322, R5, 2014 Rev Ed), Order 6 rule 4.
CHUDLEY v CLYDESDALE BANK PLC
[2019] Lloyd's Rep Plus 37
Banking – Bank permitting sums to be paid out of segregated client account without securing undertakings – Whether agreement setting up client account was legally binding – Whether investors could rely upon agreement as third parties – Whether Bank’s breach was causative of loss – Contracts (Rights of Third Parties) Act 1999, sections 1(1)(b) and 1(3).
SOLETANCHE BACHY FRANCE SAS v AQABA CONTAINER TERMINAL (PVT) CO
[2019] Lloyd's Rep Plus 38
Arbitration – Want of jurisdiction – Serious irregularity – Failure by arbitrator to disclose potential links with a relevant third party – Failure by tribunal to deal with all issues – Substantial injustice – Arbitration Act 1996, sections 30, 67, 68 and 82.
AQABA CONTAINER TERMINAL (PVT) CO v SOLETANCHE BACHY FRANCE SAS
[2019] Lloyd's Rep Plus 39
Arbitration – Anti-suit injunction – Foreign proceedings brought in contravention of arbitration clause – Senior Courts Act 1981, section 37.
YUCHAI DONGTE SPECIAL PURPOSE AUTOMOBILE CO LTD v SUISSE CREDIT CAPITAL (2009) LTD
[2019] Lloyd's Rep Plus 40
Banking – Letter of credit – Identity of issuer of letter of credit – Extrinsic evidence – Whether issuing bank excluded liability to make payment – Whether claimant estopped by convention from asserting that defendant was issuing bank.
BRIGHT SHIPPING LTD v CHANGHONG GROUP (HK) LTD (THE “CF CRYSTAL” AND THE “SANCHI”)
[2019] Lloyd's Rep Plus 41
Conflict of laws – Forum non conveniens – Collision at sea within exclusive economic zone of the PRC – Plaintiff bringing proceedings against defendant in Shanghai Maritime Court and also in Hong Kong – Defendant applying for stay of Hong Kong proceedings on grounds of forum non conveniens and lis alibi pendens – Whether Hong Kong proceedings should be stayed in favour of Shanghai Maritime Court.
SONACT GROUP LTD v PREMUDA SPA (THE “FOUR ISLAND”)
[2019] Lloyd's Rep Plus 42
Arbitration – Jurisdiction – Voyage charterparty containing London arbitration clause – Demurrage dispute settled by email exchange – Charterers failing to pay sum agreed – Whether arbitrators had jurisdiction over owners’ claim to recover agreed settlement sum – Arbitration Act 1996, section 67.
SILVERBURN SHIPPING (IOM) LTD v ARK SHIPPING CO LLC (THE “ARCTIC”)
[2019] Lloyd's Rep Plus 43
Charterparty (Bareboat) – Charterers contracting to maintain vessel and keep her “with unexpired classification of the class indicated in Box 10” – Whether classification obligation absolute or to reinstate expired class certificates within reasonable time – Whether classification obligation a condition or innominate term of charter – Whether owners entitled to withdraw vessel following expiry of class certificate.
ALIZE 1954 AND ANOTHER v ALLIANZ ELEMENTAR VERSICHERUNGS AG AND OTHERS (THE "CMA CGM LIBRA")
[2019] Lloyd's Rep Plus 44
General average - Vessel grounding on uncharted shoal leaving port of Xiamen - Whether cargo interests obliged to contribute to general average - Whether actionable fault on part of owners - Whether vessel's passage plan defective - Whether defective passage plan made vessel unseaworthy - Whether owners failed to exercise due diligence - York-Antwerp Rules - Hague Rules, article III, rule 1.
NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE “ALEXANDRA 1” AND “EVER SMART”) (NO 2)
[2019] Lloyd's Rep Plus 45
Collision action – Damages – Collision between vessels off Jebel Ali in February 2015 – Reasonableness of time taken to repair vessel – Loss of use of vessel – Impecuniosity – Stigma.
BV NEDERLANDSE INDUSTRIE VAN EIPRODUKTEN v REMBRANDT ENTERPRISES INC
[2019] Lloyd's Rep Plus 46
Sale of goods – Fraudulent misrepresentation – Inducement – Transferred loss – Recovery of losses suffered by third party.
GLOBALINK TRANSPORTATION AND LOGISTICS WORLDWIDE LLP v DHL PROJECT & CHARTERING LTD
[2019] Lloyd's Rep Plus 47
Practice – Set-off – Freight forwarder claiming sums due from defendant – Defendant admitting claim but setting up cross claim for damages for breach of contract – Whether freight forwarder’s claims were for freight – Whether “no set-off” rule applied to cross claim – Whether freight forwarder entitled to summary judgment.
ZX v RYANAIR DAC
[2019] Lloyd's Rep Plus 48
Jurisdiction – Claim for compensation for delayed flight – Jurisdiction based on location of branch – Submission to jurisdiction – Regulation (EU) No 1215/2012, articles 7(5), 17(3) and 26 – Regulation (EC) No 261/2004, article 7.
CHARTERED INSTITUTE OF ARBITRATORS v B AND OTHERS
[2019] Lloyd's Rep Plus 49
Arbitration – Disciplinary proceedings brought against arbitrator – Disclosure of documents in earlier court proceedings relating to removal of arbitrator – Use of documents in disciplinary hearing – Senior Courts Act 1981, section 19 – CPR 5.4.
NATIONAL JOINT STOCK COMPANY NAFTOGAZ OF UKRAINE v PUBLIC JOINT STOCK COMPANY GAZPROM
[2019] Lloyd's Rep Plus 50
Arbitration – Stay of enforcement pending challenge to award – Whether enforcement should be stayed – Whether security should be granted – Arbitration Act 1996, section 103(5).
STATE A v PARTY B AND ANOTHER
[2019] Lloyd's Rep Plus 51
Arbitration – Appeal against award for want of jurisdiction – Appeal out of time – Application for extension of time – Criteria to be applied – Arbitration Act 1996, sections 67, 70(3) and 80(5).
GLENCORE ENERGY UK LTD AND ANOTHER v FREEPORT HOLDINGS LTD (THE “LADY M”)
[2019] Lloyd's Rep Plus 52
Carriage of goods by sea – Barratry – Chief engineer deliberately setting fire to vessel – Relevance of chief engineer’s state of mind – Whether shipowners entitled to rely on Hague Rules exemption of “fire” – Hague and Hague-Visby Rules article IV, rule 2(b).
SIMPSON MARINE (SEA) PTE LTD v JIARAVANON
[2019] Lloyd's Rep Plus 53
Restitution – Negotiations for purchase of yacht – Prospective buyer paying deposit to yacht dealer – Buyer not proceeding with purchase – Basis on which deposit paid – Whether buyer entitled to return of deposit.
UKRAINE v THE LAW DEBENTURE TRUST CORPORATION PLC (REV 1)
[2019] Lloyd's Rep Plus 54
Contract – Eurobond – Enforcement of loan notes by summary judgment – Agency – Duress – Non-justiciability of state actions – Implied terms.
STEF TRANSPORT RENNES AND ANOTHER v D & M FRASER
[2019] Lloyd's Rep Plus 55
Carriage (road) – Chilled transport – Lorry transport of cheese from France to England – Cheese rejected upon arrival – Inherent vice – Special risks inherent in the stowage of goods – Evidence – Convention on the Contract for the International Carriage of Goods by Road (CMR Convention) – Carriage of Goods by Road Act 1965.
NOBISKRUG GMBH v VALLA YACHTS LTD
[2019] Lloyd's Rep Plus 56
Contracts – Ship building – Unjust enrichment – Restitution – Payment by ship build purchaser to sub-contractors under reservation – Whether entitled to recover such payments from ship builder.
WIN MORE SHIPPING LTD v DIRECTOR OF MARINE
[2019] Lloyd's Rep Plus 57
Procedure – Service out of the jurisdiction – Judicial review of decisions of classification society performing role of recognised organisation.
ZCCM INVESTMENTS HOLDINGS PLC v KANSANSHI HOLDINGS LTD AND ANOTHER
[2019] Lloyd's Rep Plus 58
Arbitration – Appeal against award on the grounds of serious irregularity – Breach of the rules of natural justice – Failure to deal with all issues – Fraud – Failure of appellant to seek additional award from tribunal – Extension of time – Arbitration Act 1996, sections 57, 68, 70 and 80.
SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS v CONNECT SHIPPING INC AND ANOTHER (THE “RENOS”)
[2019] Lloyd's Rep Plus 59
Insurance (marine) – Vessel damaged by fire – Measure of indemnity – Constructive total loss – What costs counting towards calculation of measure of indemnity – Meaning of “cost of repairing the damage” – Hold harmless doctrine – Effect of notice of abandonment – Whether salvage costs incurred prior to notice of abandonment could be included – Whether costs incurred under SCOPIC clause counting towards constructive total loss – Marine Insurance Act 1906, sections 60 and 62.
BNP PARIBAS SA v TRATTAMENTO RIFIUTI METROPOLITANI SPA [2019] EWCA Civ 768
[2019] Lloyd's Rep Plus 60
Conflict of laws – Jurisdiction – Parties entering into two contracts with different jurisdiction clauses – Exclusive jurisdiction – ISDA Master Agreement – Whether dispute at hand – Brussels Regulation (Recast) (EU) 1215/2012, article 25.
TIMES TRAVEL (UK) LTD v PAKISTAN INTERNATIONAL AIRLINES CORPORATION
[2019] Lloyd's Rep Plus 61
Contract – Duress – Threat of lawful act – Whether such a threat could amount to duress if unreasonable.
AIRBUS SAS v GENERALI ITALIA SPA AND OTHERS
[2019] Lloyd's Rep Plus 62
Conflict of laws – Jurisdiction – Subrogated insurers claiming in tort in Italy – Exclusive jurisdiction clause – Brussels Regulation Recast, Regulation (EU) No 1215/2012, article 25.
TRITTON RESOURCES PTY LTD AND OTHERS v EVER ROCK NAVIGATION SA (THE “IKAN JAHAN”)
[2019] Lloyd's Rep Plus 63
Carriage of goods by sea – Time bar – Cargo interests bringing claims against shipowner seeking indemnity for sums paid towards the cost of salvage and for negative declarations in respect of contributions to general average – Claims based on alleged breaches of contract of carriage – Whether shipowner granted extensions of time for all claims brought under bill of lading – Cargo interest also seeking to bring claim in tort against shipowner – Title to sue – Sea-Carriage Documents Act 1997 (NSW), sections 8 and 9 – Amended Hague-Visby Rules, article III rule 6.
THE “MOUNT APO” AND THE “HANJIN RAS LAFFAN”
[2019] Lloyd's Rep Plus 64
Admiralty – Collision action – Obligations of vessel crossing lanes in Traffic Separation Scheme – Crossing situations – Use of VHF – Apportionment of liability.
SUCDEN MIDDLE-EAST v YAGCI DENIZCILIK VE TICARET LTD SIRKETI (THE MV “MUAMMER YAGCI”)
[2019] Lloyd's Rep Plus 65
Charterparty (Voyage) – Laytime – Seizure of cargo by local customs authorities causing delay to discharge – Whether time lost caused by “government interferences” – Sugar Charterparty 1999, clause 28.
P (A COMPANY INCORPORATED IN COUNTRY A) v D (A COMPANY INCORPORATED IN COUNTRY B) AND OTHERS
[2019] Lloyd's Rep Plus 66
Arbitration – Serious irregularity – Reliance on lack of credibility of witness – Reliance on issues not put to the tribunal – Substantial injustice – Arbitration Act 1996, section 68.
NEW ZEALAND MARITIME PILOTS ASSOCIATION v THE DIRECTOR OF MARITIME NEW ZEALAND
[2019] Lloyd's Rep Plus 67
Legislation – Maritime pilot licence – Whether experienced dredge skipper eligible to apply for licence – Maritime Rules, Rule 90.41(1)(b).
LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER
[2019] Lloyd's Rep Plus 68
Jurisdiction – Liability of parent company for torts of subsidiary – Parent company domiciled in England – Jurisdiction of English court over parent company – Subsidiary company domiciled in Zambia – Joinder – Whether subsidiary company a necessary or proper party to claims against the parent company – Appropriate forum – Brussels Regulation Recast, article 4 – Civil Procedure Rules, rule 6.37 and Practice Direction 6B, para 3.1(3).
ELENI SHIPPING LTD v TRANSGRAIN SHIPPING BV (THE “ELENI P”)
[2019] Lloyd's Rep Plus 69
Charterparty (Time) – Vessel captured by pirates in Arabian Sea – Whether charter hire suspended during period of captivity.
WILMAR TRADING PTE LTD v HEROIC WARRIOR INC (THE “BUM CHIN”)
[2019] Lloyd's Rep Plus 70
Sale of goods (fob) – Damage to goods – No bills of lading issued – Whether implied contract between buyers and shipowner – Title to sue – Whether buyers entitled to sue shipowner in contract and/or in tort – Whether shipowner owed duty of care to buyers – Whether shipowner in breach of duty of care.
APRILE SPA AND OTHERS v ELIN MARITIME LTD (THE “ELIN”)
[2019] Lloyd's Rep Plus 71
Carriage of goods by sea – Deck cargo lost overboard – Whether exclusion clause exempted owners for loss and damage caused by negligence or breach of seaworthiness obligation.
GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA
[2019] Lloyd's Rep Plus 72
Arbitration – Enforcement – Sovereign immunity – Whether enforcement order has to be served on State – Arbitration Act 1996, section 101 – State Immunity Act 1978, section 12 – CPR 6.16, 6.44, 6.28 and 62.18.
WIN MORE SHIPPING LTD v DIRECTOR OF MARINE (NO 2)
[2019] Lloyd's Rep Plus 73
Judicial review – Vessel detained in Hong Kong for breach of UN sanctions against North Korea – Owner of vessel applying for leave to bring judicial review of the failure by the Hong Kong Director of Marine to request the UN Security Council to release vessel from detention and also of the Director’s decision to close the vessel’s Hong Registration – Merchant Shipping (Registration) Ordinance, Cap 415, sections 22 and 64.
SABBAGH v KHOURY AND OTHERS
[2019] Lloyd's Rep Plus 74
Arbitration – Anti-arbitration injunction – Criteria for grant – Senior Courts Act 1981, section 37 – Arbitration Act 1996, sections 1 and 9 – New York Convention 1958.
MCKEEVER v NORTHERNREEF INSURANCE CO SA
[2019] Lloyd's Rep Plus 75
Insurance (marine) – Perils of the seas – Piracy – Suing and labouring – Breach of warranty – Unseaworthiness – Negligence – Marine Insurance Act 1906, sections 33, 39, 55 and schedule 1, rule 7.
PAN OCEAN CO LTD v CHINA-BASE GROUP CO LTD (FORMERLY CHINA-BASE NINGBO FOREIGN TRADE CO LTD) AND ANOTHER (THE “GRAND ACE 12”)
[2019] Lloyd's Rep Plus 76
Conflict of laws – Exclusive jurisdiction clause – Alleged implied contract on terms of bill of lading – Whether jurisdiction clause in bill of lading binding on cif buyer – Whether English court had jurisdiction – Brussels Regulation Recast, Council Regulation 1215/2012/EU, article 25.
COCKETT MARINE OIL DMCC v ING BANK NV AND ANOTHER (THE M/V “ZIEMIA CIESZYNSKA”)
[2019] Lloyd's Rep Plus 77
Arbitration – Jurisdiction – Contracts for supply of bunkers – Collapse of OW Bunker Group – Whether arbitrators had jurisdiction to determine claims brought by ING Bank – Whether transactions incorporated OW Bunker Group’s standard terms – Whether terms subsequently varied – Whether assignment to ING Bank valid.
SILVERBURN SHIPPING (IOM) LTD v ARK SHIPPING CO LLC (THE “ARCTIC”)
[2019] Lloyd's Rep Plus 78
Charterparty (Bareboat) – Charterers contracting to maintain vessel and keep her “with unexpired classification of the class indicated in Box 10” – Whether classification obligation a condition or innominate term of charter – Whether owners entitled to withdraw vessel following expiry of class certificate.
K v A
[2019] Lloyd's Rep Plus 79
Sale of goods (fob) – Payment of price – Seller emailing invoice to broker directing buyer to make payment to specified bank account – Fraudster intercepting email and directing payment to be made to fraudulent account – Buyer making payment to fraudulent account – Whether risk of fraud on buyer or seller – Whether buyer complied with contractual payment obligation – Whether arbitration tribunal erred in law – Whether serious irregularity – Arbitration Act 1996, sections 68 and 69.
THE “YUE YOU 902” AND ANOTHER MATTER
[2019] Lloyd's Rep Plus 80
Carriage of goods by sea – Cargo delivered by carrier without production of bills of lading against letter of indemnity – Unpaid bank holding bills of lading as security – Bank claiming damages against carrier for misdelivery of cargo – Whether bank acquired rights of suit – Whether bank holder of bills in good faith – Whether bank consented to discharge of cargo without presentation of bills of lading – Whether bank entitled to summary judgment - Singapore Bills of Lading Act.
AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA
[2019] Lloyd's Rep Plus 81
Arbitration – Enforcement of award under New York Convention – Whether enforcement proceedings should be adjourned pending an appeal against the award in Nigeria – Security – Arbitration Act 1996, section 103(5).
LABBADIA v ALITALIA (SOCIETA AEREA ITALIANA SPA)
[2019] Lloyd's Rep Plus 82
Aviation law – Meaning of accident – Claimant falling on disembarkation – Montreal Convention 1999, articles 17 and 20.
PROCESS & INDUSTRIAL DEVELOPMENTS LTD v THE FEDERAL REPUBLIC OF NIGERIA
[2019] Lloyd's Rep Plus 83
Arbitration – Enforcement of domestic award – Whether tribunal’s ruling on seat binding on the parties – Issue estoppel – Place of seat – Public policy – Arbitration Act 1996, sections 3 and 66.
KOSHIGI LTD AND ANOTHER v DONNA UNION FOUNDATION AND ANOTHER
[2019] Lloyd's Rep Plus 84
Arbitration – Bias – Serious irregularity – Challenge proceedings discontinued – Whether indemnity costs payable – Arbitration Act 1996, section 68.
K v S
[2019] Lloyd's Rep Plus 85
Arbitration – Appeal against procedural order – Arbitration Act 1996, sections 33, 34 and 68.
BSG RESOURCES LTD v VALE SA AND OTHERS
[2019] Lloyd's Rep Plus 86
Arbitration – Appeal against award – Enforcement order obtained – Application to set aside or stay enforcement order – Whether court should order security for the award and for costs – Arbitration Act 1996, sections 24, 66, 68 and 70 – Civil Procedure Rules 17.1(2), 44.5, 62.18 and 83.7.
GRACIE AND ANOTHER v ROSE
[2019] Lloyd's Rep Plus 87
Arbitration – Serious irregularity – Failure to consider all issues – Breach of procedural agreement – Substantial injustice – Arbitration Act 1996, sections 57, 68 and 70.
LEIDOS INC v THE HELLENIC REPUBLIC
[2019] Lloyd's Rep Plus 88
Arbitration – Enforcement of award – Arbitration Act 1996, sections 101 and 103 – Costs – CPR 44 and 62.18.
VINMAR OVERSEAS (SINGAPORE) PTE LTD v PTT INTERNATIONAL TRADING PTE LTD
[2019] Lloyd's Rep Plus 89
Conflict of laws – Choice of jurisdiction – Exclusive jurisdiction clauses – Whether the merits of a defence relevant in deciding a stay pursuant to an exclusive jurisdiction clause – Course of dealing.
NATIXIS SA v MAREX FINANCIAL AND ANOTHER
[2019] Lloyd's Rep Plus 90
Sale of goods – Obligation on seller to pass good title – Common mistake and allocation of risk – Whether duty of care owed by warehouse in authenticating forged receipts – Duty of care to seller – Duty of care to buyer – Nature of bailment – Contributory negligence – Mitigation – Validity of exclusion clause – Law Reform (Contributory Negligence) Act 1945 – Unfair Contract Terms Act 1977.
SUEZ FORTUNE INVESTMENTS LTD AND ANOTHER v TALBOT UNDERWRITING LTD AND OTHERS (THE “BRILLANTE VIRTUOSO”) (NO 2)
[2019] Lloyd's Rep Plus 91
Insurance (marine, war risks) – Wilful misconduct – Piracy – Malicious acts – Breach of warranty – Warranty of legality – Rights of bank as co-assured.
STERLING v RAND AND ANOTHER
[2019] Lloyd's Rep Plus 92
Arbitration – Power of tribunal – Order for specific enforcement – Enforcement of award – Waiver of right to challenge jurisdiction – Public policy – Arbitration Act 1996, sections 30, 48, 66, 68, 73 and 81.
OBRASCON HUARTE LAIN SA (T/A OHL INTERNACIONAL) AND ANOTHER v QATAR FOUNDATION FOR EDUCATION, SCIENCE & COMMUNITY DEVELOPMENT
[2019] Lloyd's Rep Plus 93
Arbitration – Serious irregularity – Substantial injustice – Whether arbitrators deciding issue on arguments not raised before them – Arbitration Act 1996, sections 33 and 68(2)(a).
SINGULARIS HOLDINGS LTD v DAIWA CAPITAL MARKETS EUROPE LTD
[2019] Lloyd's Rep Plus 94
Dishonest assistance with breach of fiduciary duty – Duty care owed by bank – Contributory negligence – Law Reform (Contributory Negligence) Act 1945 – Illegality – Attribution.
LC AND ANOTHER v EASYJET AIRLINE CO LTD
[2019] Lloyd's Rep Plus 95
Aviation – Delay in flight – Claim for compensation – Whether claimant required to produce boarding pass as evidence – Council Regulation (EC) No 261/2004 on compensation and assistance to passengers.
GUAITOLI AND OTHERS v EASYJET AIRLINE CO LTD
[2019] Lloyd's Rep Plus 96
Aviation – Compensation to passengers for delay – Jurisdiction – Montreal Convention 1999 – European Council Regulation (EC) No 261/2004 on compensation and assistance to passengers – Brussels Regulation Recast, European Council Regulation (EU) No 1215/2012.
BORU HATLARI ILE PETROL TAŞIMA AS v TEPE INSAAT SANAYII AS (JERSEY)
[2019] Lloyd's Rep Plus 97
State immunity – Arbitration – Enforcement of award – State Immunity Act 1978 – State Immunity (Jersey) Order 1985.
BTN AND ANOTHER v BTP AND ANOTHER
[2019] Lloyd's Rep Plus 98
Arbitration – Tribunal ruling that it was bound by decisions of the Malaysian Industrial Court – Whether tribunal had jurisdiction – Procedural irregularity – Public policy.
NUSTAR ENERGY SERVICES INC v M/V COSCO AUCKLAND
[2019] Lloyd's Rep Plus 99
Admiralty – Maritime liens – Claim for payment by physical supplier of bunkers to vessel under contract supply chain where one intermediate party had become insolvent.
MANCHESTER SHIPPING LTD v BALFOUR WORLDWIDE LTD AND ANOTHER
[2019] Lloyd's Rep Plus 100
Freezing injunction – Discharge application – Good arguable case – Duty of full and frank disclosure.
SUN TRAVELS & TOURS PVT LTD v HILTON INTERNATIONAL MANAGE (MALDIVES) PVT LTD
[2019] Lloyd's Rep Plus 101
Arbitration – Foreign proceedings brought in breach of arbitration agreement – Judgment obtained by award debtor – Anti-enforcement injunction sought by award creditor.
MINISTRY OF DEFENCE & SUPPORT FOR ARMED FORCES OF THE ISLAMIC REPUBLIC OF IRAN v INTERNATIONAL MILITARY SERVICES LTD
[2019] Lloyd's Rep Plus 102
Arbitration – Sanctions – Enforcement of award – Award interest during sanctions period – Public policy – Arbitration Act 1996, sections 101, 103 – Council Regulation (EU) No 267/2012.