Lloyd's Law Reports

: ALPHA MARINE CORPORATION v MINMETALS LOGISTICS ZHEJIANG CO LTD (THE “SMART”); Charterparty (Time) – Whether implied term that owners would not revoke charterers’ authority to collect bill of lading freight from sub-charterer unless hire and/or sums were due to the owners under the charterparty – New York Produce Exchange form.; [2022] 1 Lloyd's Rep. 1

: K LINE PTE LTD v PRIMINDS SHIPPING (HK) CO LTD (THE “ETERNAL BLISS”); Charterparty (Voyage) – Charterers failing to discharge vessel within allowed laytime – Charterparty providing for payment of demurrage – Receivers bringing cargo claim against owners resulting from delay – Whether owners entitled to damages or an indemnity from charterers – Whether demurrage constituted exclusive remedy to owners.; [2022] 1 Lloyd's Rep. 12

: KABAB-JI SAL (LEBANON) v KOUT FOOD GROUP (KUWAIT); Arbitration – Enforcement of award – Whether arbitration clause applied to contracting party's parent company – Law applicable to arbitration agreement – Effect of entire agreement clause on arbitration agreement in the main contract – Effect of no oral modification clause – Whether judge should have made a final determination – Arbitration Act 1996, sections 103(2)(b) and 103(5).; [2022] 1 Lloyd's Rep. 24

: NAVISION SHIPPING A/S v PRECIOUS PEARLS LTD: CONTI LINES SHIPPING NV v NAVISION SHIPPING A/S (THE “MOOKDA NAREE”); Charterparty (Time) – Off-hire – Vessel arrested at discharge port pursuant to cargo claim by third party against sub-charterer – Whether arrest occasioned by act or omission of sub-charterer – Whether vessel off-hire – Whether head charterer in breach of clause requiring head charterer to accept responsibility “for cargo claims from third parties” in West African ports.; [2022] 1 Lloyd's Rep. 41

: SILVERMAN v RYANAIR DAC; Aviation – Personal injury – Conflict of laws – Law applicable to claim – Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) 1999 – 2002 Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order (SI 2002 No 263) – Regulation 593/2008/EC on the law applicable to contractual obligations (Rome I) – Regulation 864/2007/EC on the law applicable to non-contractual obligations (Rome II).; [2022] 1 Lloyd's Rep. 53

: A v B (THE “TAI HUNTER”); Sale of goods (fob) – Sale of Ukrainian feed corn – Buyers making invalid nomination of vessel – Sellers purporting to terminate contract – Whether false nomination was breach of condition – Whether nominated vessel had to have been already chartered by buyers – Whether buyers’ obligation to provide copy of charterparty was a condition – Arbitration – Serious irregularity – Whether GAFTA Board of Appeal failed to consider various matters – Arbitration Act 1996, sections 68 and 69.; [2022] 1 Lloyd's Rep. 65

: BP OIL INTERNATIONAL LTD v VEGA PETROLEUM LTD AND ANOTHER; Sale of goods (fob) – Contract for sale of crude oil – Buyer paying price but not receiving any crude oil – Buyer claiming return of sums in unjust enrichment on basis of failure of consideration – Seller contending that contract was inconsistent with buyer's right to claim money back – Whether buyer entitled to return of sums paid.; [2022] 1 Lloyd's Rep. 89

: SODZAWICZNY v MCNALLY; Arbitration – Summary enforcement – Equitable remedy – Discretion of court – Arbitration Act 1996, section 66.; [2022] 1 Lloyd's Rep. 117

: GALTRADE LTD v BP OIL INTERNATIONAL LTD (THE “PIONEER”); Sale of goods (fob) – Fuel oil – Seller in breach of quality obligation in contract – Buyer purporting to reject cargo – Seller treating buyer's rejection as repudiatory breach – Whether relevant obligation was condition or intermediate term – Whether buyer entitled to reject cargo – Whether buyer entitled to claim for wasted expenditure – Whether buyer in breach of contract – Quantum of seller's loss – Sale of Goods Act 1979, sections 50 and 53.; [2022] 1 Lloyd's Rep. 129

: 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] 1 Lloyd's Rep. 155

: 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] 1 Lloyd's Rep. 170

: 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] 1 Lloyd's Rep. 183

: 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] 1 Lloyd's Rep. 202

: THE “LUNA” AND ANOTHER APPEAL; Carriage of goods by sea – Bills of lading – Whether documents of title or mere receipts.; [2022] 1 Lloyd's Rep. 216

: 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] 1 Lloyd's Rep. 235

: EURONAV NV v REPSOL TRADING SA (THE “MARIA”); Demurrage – Time bar – Charterparty providing for demurrage claims to be notified to charterers within 30 days after completion of discharge – Whether “date of completion” to be ascertained according to local time at place of discharge or according to time zone which had the closest and most real connection with the provision in question – Whether claim time-barred – Summary judgment – Civil Procedure Rules, Part 24.; [2022] 1 Lloyd's Rep. 247

: 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] 1 Lloyd's Rep. 261

: 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] 1 Lloyd's Rep. 277

: 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] 1 Lloyd's Rep. 288

: 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] 1 Lloyd's Rep. 291

: AI GIORGIS OIL TRADING LTD v AG SHIPPING & ENERGY PTE LTD (THE “MARQUESSA”); Charterparty (Time) – Charterers failing to pay hire promptly – Whether clause permitting owners to suspend further performance for non-payment of hire was a penalty – Whether charterers’ failure to pay hire was repudiatory – Summary judgment – CPR 24.2.; [2022] 1 Lloyd's Rep. 357

: E STRAHLMANN GMBH & CO REEDEREI KG MS “VENTURA” v INTERFEED BV (THE “VENTURA”); Charterparty (Voyage) – Charter providing that shipowner should not be liable for crew error – Cargo damaged allegedly as a result of crew error – Hamburg Rules compulsorily applicable to bill of lading – Court at discharge port upholding bill of lading holder's cargo claim against shipowner on basis of Hamburg Rules – Shipowner seeking indemnity from charterer – Whether charterer liable to indemnify shipowner – Gencon 1976, clauses 2 and 9.; [2022] 1 Lloyd's Rep. 365

: 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] 1 Lloyd's Rep. 375

: LLC AGRONEFTEPRODUKT v AMEROPA AG; Arbitration – Jurisdiction – Validity of notice of arbitration – Rectification – Estoppel – Arbitration Act 1996, sections 14(4) and 67.; [2022] 1 Lloyd's Rep. 388

: 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] 1 Lloyd's Rep. 395

: 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] 1 Lloyd's Rep. 411

: 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] 1 Lloyd's Rep. 429

: 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] 1 Lloyd's Rep. 441

: 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] 1 Lloyd's Rep. 456

: 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 marina a “dock” – Merchant Shipping Act 1995, section 191.; [2022] 1 Lloyd's Rep. 463

: 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] 1 Lloyd's Rep. 470

: 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] 1 Lloyd's Rep. 501

: 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] 1 Lloyd's Rep. 521

: 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] 1 Lloyd's Rep. 539

: 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] 1 Lloyd's Rep. 575

: 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] 1 Lloyd's Rep. 595

: 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] 1 Lloyd's Rep. 629

: 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] 1 Lloyd's Rep. 643

: WILFORCE LLC AND ANOTHER v RATU SHIPPING CO SA AND ANOTHER (THE “WILFORCE” AND THE MV “WESTERN MOSCOW”); Admiralty – Collision – Application of collision rules in designated precautionary area – Traffic Separation Scheme – Crossing rule – Stand-on vessel having created the dangerous situation – International Regulations for Preventing Collisions at Sea 1972; [2022] 1 Lloyd's Rep. 660