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THE "MORVIKEN"

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Bill of lading provided for all disputes to be brought before Court in Amsterdam - Whether clause valid - Whether dispute strongly connected with England - Whether Hague-Visby Rules applicable - Whether English action should be stayed - Carriage of Goods by Sea Act, 1971.

[1983] 1 Lloyd's Rep. 1

ASTRO VENTUROSO COMPANIA NAVIERA v. HELLENIC SHIPYARDS S.A. (THE "MARIANNINA")

Bill of lading - Arbitration clause - Proper law - Application for appointment of arbitrator - Proceedings commenced in Greece - Whether arbitration clause applicable to dispute - Whether dispute should be resolved by proceedings in Greece - Whether application for stay of arbitration proceedings should be granted.

[1983] 1 Lloyd's Rep. 12

GRUNDY (TEDDINGTON) LTD. v. FULTON

Insurance (Burglary) - Theft - Whether goods stolen from yard or in transit - Whether "theft" should be given same meaning as in criminal law - Whether plaintiffs could claim under policy.

[1983] 1 Lloyd's Rep. 16

THE "MUNSTER"

Admiralty practice - Application to set aside - Vessel arrested for non-payment of balance of fuel price - Vessel demise chartered to defendants - - Defendants repudiated charter - Owners intervened - Whether writ issued before charter terminated - Whether owners entitled to set aside writ and to release of vessel from arrest.

[1983] 1 Lloyd's Rep. 20

JAPAN LINE LTD. v. HIMOFF MARITIME ENTERPRISES LTD. (THE "KEHREA")

Arbitration - Injunction - Delay in prosecuting claims in arbitration proceedings - Whether excessive delay in the conduct of the reference had brought the arbitration agreement to an end by virtue of repudiation, frustration or mutual abandonment - Whether injunction to restrain further conduct of arbitration should be granted.

[1983] 1 Lloyd's Rep. 29

LA PINTADA COMPANIA NAVEGACION S.A. v. THE PRESIDENT OF INDIA (THE "LA PINTADA")

Arbitration - Award - Interest - Charterers made an "open offer" - Owners eventually accepted offer - Umpire awarded interest on demurrage and freight - Whether umpire had power to award such interest - Whether compound interest could be awarded - Whether umpire considered effect of open offer.

[1983] 1 Lloyd's Rep. 37

F. R. WARING (U.K.) LTD. v. ADMINISTRACAO GERAL DO ACUCAR E DO ALCOOL E.P.

Arbitration - Arbitrator - Technical misconduct - Application to set aside or remit - Arbitration and Committee of Appeal found in favours of buyers - Arbitrators present at hearing of appeal - Arbitrator asked to state reasons for their decision - Whether Committee of Appeal had acted fairly in conduct of arbitration - Whether award should be set aside or remitted - Whether leave to appeal should be given.

[1983] 1 Lloyd's Rep. 45

MORAN v. LLOYD'S

Arbitration - Award - Leave to appeal - Award found plaintiff guilty of discreditable conduct on four out of the 10 counts - Whether plaintiff entitled to injunction restraining defendants from taking further steps under s. 20 of Lloyd's Act - Whether leave to appeal should be granted - Whether award should be set aside for misconduct - Lloyd's Act, 1871.

[1983] 1 Lloyd's Rep. 51

COMMONWEALTH INSURANCE CO. OF VANCOUVER v. GROUPE SPRINKS S.A. COMPAGNIE FRANCAISE D'ASSURANCES EUROPEENES J. H. MINET & CO. LTD. AND C. E. HEATH & CO. (MARINE) LTD. AND OTHERS

Reinsurance - Misrepresentation - Non-disclosure- Plaintiffs claimed indemnity against reinsurers - Whether reinsurance brokers in breach of duty for failing to procure valid and effective reinsurance - Whether reinsurers could avoid liability on grounds of misrepresentation - Whether reinsurers entitled to be indemnified by brokers.

[1983] 1 Lloyd's Rep. 67

L'OFFICE NATIONAL DU THE ET DU SUCRE v. PHILIPPINE SUGAR TRADING (LONDON) LTD.

Sale of goods (c. & f.) - Non-acceptance - Buyers refused to accept last three instalments - Whether buyers could rely on force majeure - Arbitration tribunal found in favour of sellers - Whether leave to appeal against award should be given - Where award should be remitted for further reasons.

[1983] 1 Lloyd's Rep. 89

THE "TEXACO SOUTHAMPTON"

Salvage - Reward - Defendants' vessel taken in tow and brought into Sydney Harbour - Tug services provided under towing contract - Whether crew of tug volunteers - Whether crew entitled to claim salvage award - Australia.

[1983] 1 Lloyd's Rep. 94

SOYA G.m.b.H. MAINZ KOMMANDITGESELLSCHAFT v. WHITE

Insurance (Marine) - HSSC policy - Damage to cargo - Inherent vice - Cargo of soya beans insured against heat, sweat and spontaneous combustion - Cargo arrived in heated and deteriorated condition - Whether cause of damage inherent vice - Whether underwriters liable - Marine Insurance Act, 1906, ss. 18, 55 (2) (c).

[1983] 1 Lloyd's Rep. 122

TELFAIR SHIPPING CORPORATION v. ATHOS SHIPPING CO. S.A., SOLIDOR SHIPPING CO. LTD., HORIZON FINANCE CORPORATION AND A.N. COMINOS (THE "ATHOS")

Charter-party (Time) - Withdrawal - War risk insurance - Charterers failed to reimburse owners for extra war risk premiums - Owners withdrew vessel - Whether withdrawal wrongful - Whether owners had complied with reimbursement clause - Whether charterers in breach of payments clause - Whether owners waived right to treat failure to pay as a breach by accepting hire - Whether charterers entitled to damages - Assessment - New York Produce Exchange.

[1983] 1 Lloyd's Rep. 127

MERKUR ISLAND SHIPPING CORPORATION v. LAUGHTON SHAW AND LEWIS (THE "HOEGH APAPA")

Practice - Trade union dispute - Vessel prevented from sailing - Injunction granted to lift blacking - Owners claimed damages for deliberate interference with time charter and with owners' trade and business - Whether trade union entitled to immunity - Whether writ disclosed cause of action at common law - Trade Union and Labour Relations Act, 1974, s. 13 - Employment Act, 1980, s. 17.

[1983] 1 Lloyd's Rep. 154

GEORGE MITCHELL (CHESTERHALL) LTD. v. FINNEY LOCK SEEDS LTD.

Sale of goods - Limitation of liability - Defendants supplied to plaintiffs, seed different in kind both by description and commercially - Crop produced by seed useless for human and animal consumption - Plaintiffs claimed damages - Whether defendants could limit liability to cost of seeds.

[1983] 1 Lloyd's Rep. 168

ATLANTIC LINES & NAVIGATION CO. INC. v. HALLAM LTD. (THE "LUCY")

Charter-party (Time) - Rescission - Misrepresentation - Institute Warranty limits - Vessel sub-chartered on same terms as head charter - Whether vessel could be ordered to breach Institute Warranty limits anywhere and at any time on payment of extra insurance premiums - Whether sub-charterers induced to enter into charter by misrepresentation- Whether sub-charterers entitled to rescind sub-charter.

[1983] 1 Lloyd's Rep. 188

LEIGH AND SILLIVAN LTD. v. ALIAKMON SHIPPING CO. LTD. (THE "ALIAKMON")

Sale of goods (c. & f.) - Damage to goods - Title to sue - Whether term that ownership of goods to pass to buyer by endorsement and delivery of bill of lading varied - Whether buyers entitled to sue - Whether buyers mitigated their damage when disposing of steel.

[1983] 1 Lloyd's Rep. 203

EUROPEAN GRAIN & SHIPPING LTD. v. PETER CREMER

Sale of goods (c.i.f.) - Non-delivery - Sellers delivered 40 per cent. of contract quantity - Buyers claimed sellers in default of balance - Whether buyers had accepted 40 per cent. in complete fulfilment - Whether award in favour of buyers should be remitted for clarification.

[1983] 1 Lloyd's Rep. 211

D/S A/S IDAHO v. PENINSULAR AND ORIENTAL STEAM NAVIGATION CO. (THE "STRATHNEWTON")

Charter-party (Time) - Limitation of time - Cargo claims - Hague Rules incorporated by clause paramount - Cargo claims to be settled under Inter-Club New York Produce Exchange Agreement - Charterers failed to bring any suit against owners for settlement of cargo claims within time limit - Whether owners could rely on time bar.

[1983] 1 Lloyd's Rep. 219

BANQUE DE L'INDOCHINE ET DE SUEZ S.A. v. J. H. RAYNER (MINCING LANE) LTD.

Banking - Letter of credit - Payment effected under reserve - Bank alleged discrepancies in documents - Documents rejected - Whether bank entitled to repayment of amount paid under reserve - Extent of obligation of beneficiary under letter of credit who accepted payment under reserve.

[1983] 1 Lloyd's Rep. 228

AMIN RASHEED SHIPPING CORPORATION v. KUWAIT INSURANCE CO. (THE "AL WAHAB")

Insurance (Marine) - Lloyd's Standard Marine policy - Vessel seized by Saudi Arabian authorities - Owners claimed under policy - Whether Kuwait proper forum - Whether order granting owners leave to serve proceedings on defendant insurers in Kuwait should be set aside.

[1983] 1 Lloyd's Rep. 235

ANDRE & CIE S.A. v. TRADAX EXPORT S.A.

Sale of goods (c.i.f.) - Non-fulfilment - Prohibition of export - Sellers failed to ship balance of September instalment - Whether shipment prevented by U.S. embargo - Whether sellers could rely on cl. 21 - GAFTA 100.

[1983] 1 Lloyd's Rep. 254

BREMER HANDELSGESELLSCHAFT M.B.H. v. CONTINENTAL GRAIN CO.

Sale of goods (c.i.f.) - Prohibition - Non-delivery - Sellers failed to deliver balance of June instalment - Whether sellers could show that shipper prevented from making shipment - Sellers obtained extension of time for shipment under cl. 22. Whether sellers could still rely on prohibition clause - Whether sellers liable for non-delivery.

[1983] 1 Lloyd's Rep. 269

THE "SENNAR"

Admiralty practice - Procedure - Acknowledgment of service - Application for stay of proceedings - Whether defendants entitled to leave to amend notice of motion - Whether application to withdraw acknowledgment of service should be granted.

[1983] 1 Lloyd's Rep. 295

COOK INDUSTRIES v. TRADAX EXPORT S.A.

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - July and September instalment of contract - Sellers failed to deliver balance - Whether sellers could rely on prohibition clause - Whether all shippers prevented from performing their contracts.

[1983] 1 Lloyd's Rep. 327

AFOVOS SHIPPING CO. S.A. v. R. PAGNAN AND F.LLI (THE "AFOVOS")

Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether withdrawal valid - Whether charterers could rely on owners' bank's negligence or estoppel - Whether charterers entitled to relief against forfeiture - New York Produce Exchange form.

[1983] 1 Lloyd's Rep. 335

SHELL INTERNATIONAL PETROLEUM CO. LTD. v. CARYL ANTONY VAUGHAN GIBBS THE "SALEM"

Insurance (Marine) - Perils of the sea - Takings at sea - Cargo of crude oil insured for voyage from Persian Gulf to Europe - Part of cargo discharged in South Africa - Vessel scuttled in Atlantic - Whether loss of cargo caused by barratry, perils of the sea or takings at sea - Whether loss total or partial - Whether cargo-owners could recover under policy.

[1983] 1 Lloyd's Rep. 342

THE "AUGUST 8TH"

Admiralty practice - Action in rem - Master made claims against owners - Statement of claim served and unconditional appearance entered - Whether master entitled to summary judgment.

[1983] 1 Lloyd's Rep. 351

THE "MUNSTER"

Admiralty practice - Application to set aside - Vessel arrested for non-payment of balance of fuel price - Vessel demise chartered to defendants - Defendants repudiated charter - Owners intervened - Whether writ issued before charter terminated - Whether owners entitled to set aside writ and to release of vessel from arrest.

[1983] 1 Lloyd's Rep. 370

COMPANIA NAVIERA GENERAL S.A. v. KERAMETAL LTD. (THE "LORNA I")

Charter-party (Voyage) - Freight - Loss of vessel and cargo - 75 per cent. of freight to be paid within five days of signing of bills of lading - Contract frustrated - Whether instalment of freight due before contract frustrated - Whether owners entitled to payment of freight.

[1983] 1 Lloyd's Rep. 373

THE "VLADIMIR TIMOFEYEV"

Damages - Personal injury - Plaintiff injured when he slipped through gap into hold - Whether defendants owed plaintiff common duty of care - Whether defendants liable for plaintiff's injuries - Whether plaintiff guilty of contributory negligence.

[1983] 1 Lloyd's Rep. 378

JENKIN v. GODWIN GODWIN v. JENKIN (THE "IGNITION")

Navigation - Vessel in compulsory pilotage area - Authorized pilot refused to take charge of vessel on ground unsafe to proceed on flood tide before sunset - Offered to take charge of vessel next morning - Whether reasonable offer by pilot - Pilotage Act 1913, s. 11, as amended. Navigation - Pilotage - Refusal of authorized pilot to take charge of vessel - Master successfully navigated vessel without pilot in compulsory pilotage area - Whether omission to do something required to preserve vessel from loss or serious damage - Merchant Shipping Act 1970, s. 27.

[1983] 1 Lloyd's Rep. 382

UNI-OCEAN LINES PTE. LTD. v. C-TRADE S.A. (THE "LUCILLE")

Charter-party (Time) - Safe port - Cancellation - Iran-Iraq war - Vessel ordered to proceed to Basrah - Whether charterers in breach of obligation to trade between safe ports - Whether charterers entitled to cancel charter.

[1983] 1 Lloyd's Rep. 387

N.Z. MICHALOS v. THE FOOD CORPORATION OF INDIA (THE "APOLLON")

Charter-party (Voyage) - Notice of readiness - Whether vessel properly entered at Customs House - Whether vessel ready to discharge - Whether time between commencement and completion of lightening time spent in lightening or in waiting for a berth.

[1983] 1 Lloyd's Rep. 409

RESOLUTE MARITIME INC. AND ANOTHER v. NIPPON KARJI KYOKAI AND OTHERS (THE "SKOPAS")

Sale of ship - Misrepresentation - Agent - Statements made by agent - Whether agent liable under Act if he did not have reasonable grounds to believe that it was true - Whether person who actually made the statement on behalf of the agent incurred a similar liability - Misrepresentation Act, 1967, s. 2 (1), (2).

[1983] 1 Lloyd's Rep. 431

THE "SPAN TERZA"

Admiralty practice - Action in rem - Vessel ordered to be appraised and sold - Bunkers on board vessel - Whether intervener/charterers of vessel could claim proceeds of sale of bunkers.

[1983] 1 Lloyd's Rep. 441

J. H. RAYNER (MINCING LANE) LTD. v. BANK FUR GEMEINWIRTSCHAFT A.G.

Practice - Striking out - Appeal against costs - Bank alleged that substantial matters already decided by Court in Bonn - Whether present action an abuse of the process of the Court - Whether application to strike out action should be granted - Whether appeal against costs should be allowed.

[1983] 1 Lloyd's Rep. 462

MORAN v. LLOYD'S

Arbitration - Award - Leave to appeal - Award found plaintiff guilty of discreditable conduct on four out of the 10 counts - Whether plaintiff entitled to injunction restraining defendants from taking further steps under s. 20 of Lloyd's Act - Whether leave to appeal should be granted - Whether award should be set aside for misconduct - Lloyd's Act, 1871.

[1983] 1 Lloyd's Rep. 472

BREMER HANDELSGESELLSCHAFT m.b.H. v. BUNGE CORPORATION

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Whether sellers could rely on prohibition and or force majeure - Whether buyers had waived their rights to, or were estopped from, receiving June instalments - GAFTA 100.

[1983] 1 Lloyd's Rep. 476

POLISH STEAM SHIP CO. v. ATLANTIC MARITIME CO. (THE "GARDEN CITY" (NO. 2))

Admiralty practice - Interest - Accrued interest - Plaintiffs' made payment into Court in respect of limitation action - Order made for payment to be distributed between defendants - No order made as to accrued interest - Whether defendants entitled to whole of accrued interest.

[1983] 1 Lloyd's Rep. 485

HAYN ROMAN & CO. S.A. v. COMINTER (U.K.) LTD.

Arbitration - Award - Remission - Award remitted to arbitrators for further reasons - Whether arbitrators gave adequate reasons - Whether award should be remitted.

[1983] 1 Lloyd's Rep. 521

THE INSURANCE CO. OF AFRICA v. SCOR (U.K.) REINSURANCE CO. LTD.

Reinsurance - Fire insurance policy - Claims co-operation clause - Buildings destroyed by fire - Insurers failed to give co-operation - Whether refusal of co-operation constituted a breach of a condition precedent - Whether reinsurer entitled to avoid policy of reinsurance.

[1983] 1 Lloyd's Rep. 541

TRACOMIN S.A. v. SUDAN OIL SEEDS CO. LTD.

Sale of goods (c. & f.) - Jurisdiction - Disputes between Sudanese sellers and Swiss buyers - Swiss buyers commenced action in Switzerland against sellers and appointed their arbitrator - Whether arbitration clause incorporated in contract - Whether Swiss judgment should be recognized - Whether buyers precluded from relying on judgment by reason of their conduct in appointing an arbitrator.

[1983] 1 Lloyd's Rep. 560

DOW CHEMICAL (NEDERLAND) B.V. v. BP TANKER CO. LTD. (THE "VORRAS")

Charter-party (Voyage) - Laytime - Calculation - Vessel prevented from loading by closure of port due to bad weather - Whether laytime expired soon after vessel's arrival - Whether expiry of laytime postponed by bad weather - Meaning and effect of "72 running hours weather permitting".

[1983] 1 Lloyd's Rep. 579

CLEOBULOS SHIPPING CO. LTD. v. INTERTANKER LTD. (THE "CLEON")

Charter-party (Voyage) - Freight - Delays in unloading - Alleged breach of charter-party by owners - Charterers withheld balance of freight - Whether owners entitled to summary judgment - Whether action should be stayed - Arbitration Act, 1975, s. 1.

[1983] 1 Lloyd's Rep. 586

GOVERNMENT OF THE STATE OF KUWAIT v. SIR FREDERICK SNOW & PARTNERS AND OTHERS

Arbitration - Award - Enforcement - Limitation of time - Plaintiffs added defendants to action six years three months after award issued - Whether defendants could rely on Limitation Act - Whether the 6th to 11th defendants partners in the firm - Whether award a Convention award - Arbitration Act, 1975 - Limitation Act, 1939, s. 2 (1) (c).

[1983] 1 Lloyd's Rep. 596

EUROPEAN ASIAN BANK A.G. v. PUNJAB AND SIND BANK

Banking - Letter of credit - Non-payment - Indian buyers purchased cloves from Singapore sellers - Buyers informed vessel and cargo lost - Buyers obtained injunction in Indian Court restraining defendants from paying under letter of credit - Plaintiffs brought action in England - Whether plaintiffs entitled to summary judgment - Whether defendant entitled to leave to defend.

[1983] 1 Lloyd's Rep. 611

GILL & DUFFUS S.A. v. BERGER & CO. INC.

Sale of goods (c.i.f) - Non-acceptance - Buyers rejected goods tendered - Goods did not comply with contractual description - Whether certificate of quality and inspection conclusive - Whether certificate final only as to quality - Whether buyers entitled to reject goods.

[1983] 1 Lloyd's Rep. 622

THE "SAINT ANNA"

Admiralty practice - Acion on arbitration award - Arbitrators found in favour of plaintiffs - Plaintiffs issued writ in rem against proceeds of sale of vessel - Whether Court had jurisdiction to give judgment for plaintiffs - Whether plaintiffs could be paid out of proceeds of sale of vessel.

[1983] 1 Lloyd's Rep. 637

THE "JIN PING"

Collision - Crossing vessels - Collision in Suez Bay between dredger and defendants' vessel - Whether collision caused solely by the fault of the dredger or the vessel.

[1983] 1 Lloyd's Rep. 641

RICARGO TRADING S.A. v. SPLIETHOFF'S BEVRACHTINGSKANTOR B.V. (THE "TASSOS N")

Charter-party (Voyage) - Demurrage - Vessel arrived at Aqaba to discharge cargo - Aqaba congested - Laytime expired before vessel commenced discharge - Vessel diverted to Mersin - Whether vessel remained on demurrage during voyage to Mersin - Whether sub-charterers liable for demurrage.

[1983] 1 Lloyd's Rep. 648

BULK OIL (ZUG) A.G. v. SUN INTERNATIONAL LTD. AND SUN OIL TRADING CO.

Arbitration - Award - Leave to appeal - Law of European Economic Community - Arbitrator held that export of U.K. crude oil to Israel contrary to government policy and sellers not in breach of contract - Whether leave to appeal against award should be granted.

[1983] 1 Lloyd's Rep. 655

ASTRO EXITO NAVEGACION S.A. v. W. T. HSU (THE "MESSINIAKI TOLMI")

Sale of ship - Stay of action - Vessel sold to Taiwanese buyers - Buyers refused to accept vessel - Sellers alleged wrongful inducement and conspiracy by Taiwanese broker - Whether Court of Taiwan natural and proper forum for resolution of dispute - Whether part of general endorsement on writ should be struck out - Whether application for stay should be granted.

[1983] 1 Lloyd's Rep. 666