We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

Lloyd's Law Reports RSS feed

SPILIADA MARITIME CORPORATION v. CANSULEX LTD. (THE “SPILIADA”)

Practice - Application to set aside - Forum non conveniens - Plaintiffs brought action in England alleging damage to vessel caused by wet sulphur cargo - Whether action should have been brought in British Columbia - Whether British Columbian time bar should be taken into account - Whether application to set aside should be granted.

[1987] 1 Lloyd's Rep. 1

THE “SIDI BISHR”

Admiralty practice - Stay of action - Alternative forum - Collision in Alexandria Inner Harbour - Action brought in England - Whether Court in Alexandria a more suitable forum - Whether action should be stayed.

[1987] 1 Lloyd's Rep. 42

SEACRYSTAL SHIPPING LTD. v. BULK TRANSPORT GROUP SHIPPING CO. LTD. (THE “KYZIKOS”)

Charter-party (Voyage) - Demurrage - Commencement of laytime - Vessel tendered notice of readiness - Discharging berth available but vessel unable to proceed to it because of fog - Whether laytime commenced when notice of readiness given - Effect of “WIBON” provision - Whether owners entitled to rely on words “always accessible berth(s)”.

[1987] 1 Lloyd's Rep. 48

BANQUE KEYSER ULLMANN S.A. v. SKANDIA (U.K.) INSURANCE CO. LTD. AND OTHERS

Insurance (Credit) - Fraud - Banks made loans to borrowers - Gemstones lodged with banks as security - Credit insurance policy issued to borrowers to cover loans - Value of gemstones proved negligible - Banks claimed reimbursement under policies - Underwriters alleged fraud - Whether underwriters liable.

[1987] 1 Lloyd's Rep. 69

PRESIDENT OF INDIA v. LIPS MARITIME CORPORATION (THE “LIPS”)

Arbitration - Award - Demurrage - Late payment of demurrage - Umpire held charterers liable in damages for difference between exchange rate at bill of lading date and exchange rate at date of award - Whether owners entitled to damages for late payment of demurrage.

[1987] 1 Lloyd's Rep. 131

PRESIDENT OF INDIA v. LIPS MARITIME CORPORATION (THE “LIPS”)

Practice - Application to set aside - Allegations of short delivery and damage to cargo - Plaintiffs obtained leave to serve out of jurisdiction - Whether action should have been brought in Hong Kong - Whether application to set aside should be granted.

[1987] 1 Lloyd's Rep. 142

THE “SIAM VENTURE” AND “DARFUR”

Admiralty practice - Charter-party (Voyage) - Demurrage - Whether terms of charter contained in booking note - Whether obligation to discharge at minimum agreed rate created - Whether plaintiffs acted reasonably in refusing to give delivery of cargo - Whether plaintiffs entitled to demurrage.

[1987] 1 Lloyd's Rep. 147

THE “ZUHAL K” AND “SELIN”

nsurance (Marine) - Bond guarantee - Damage to cargo - Vessel arrested - Owners’ P. and I. Club entered into bond scheme with insurers - Insurers settled cargo-owners’ claim - Whether agreement executed by insurers a contract of insurance or guarantee - Whether insurers could claim indemnity from owners.

[1987] 1 Lloyd's Rep. 151

CHISWELL SHIPPING LTD. v. STATE BANK OF INDIA (THE “WORLD SYMPHONY”)

Banking - Guarantee - Withdrawal of vessel for non-payment of hire - Charterers to provide renewable bank guarantee - Bank renewed guarantee in lesser amount - Whether owners entitled to renewal in full amount - Whether guarantee covered arbitration award in respect of dispute relating to pre withdrawal accounts.

[1987] 1 Lloyd's Rep. 165

TUKAN TIMBER LTD. v. BARCLAYS BANK PLC

Banking - Letter of credit - Injunction - Allegations of fraud - Beneficiaries claimed under letter of credit - Plaintiffs alleged claims fraudulent - Whether bank should be restrained temporarily or permanently from paying under letter of credit.

[1987] 1 Lloyd's Rep. 171

EURO-DIAM LTD. v. BATHURST

Insurance (Cargo) - Breach of foreign law - Loss of insured diamonds - Whether a loss occurred which was covered by policy - Whether breach or breaches of the law of Federal Republic of Germany occurred - Whether insurers could rely on such breaches as defence to the claim.

[1987] 1 Lloyd's Rep. 178

C. CZARNIKOW LTD. v. BUNGE & CO. LTD.

Sale of Goods (c.i.f.) - Non-fulfilment - Sellers failed to ship or appropriate goods to contract - Whether buyers entitled to damages based on existence of sub-sales - Whether default clause applicable - FOSFA 80.

[1987] 1 Lloyd's Rep. 202

SUMMIT INVESTMENT INC. v. BRITISH STEEL CORPORATION (THE “SOUNION”)

Charter-party (Time) - Fuel costs - Charterers claimed cost of diesel oil used for domestic consumption - Whether claim fell within cl. 20 - Whether cl. 20 extended to all diesel used for domestic consumption by officers and crew - Whether charterers entitled to succeed.

[1987] 1 Lloyd's Rep. 230

THE “GOOD HERALD”

Admiralty practice - Writ in rem - Application to set aside - P. and I. Club gave undertaking to secure release of vessel from arrest - Club in liquidation - Whether Court had power to order substituted service of writ in rem - Whether application to set aside should be granted.

[1987] 1 Lloyd's Rep. 236

COLONIAL BANK v. EUROPEAN GRAIN & SHIPPING LTD. (THE “DOMINIQUE”)

Charter-party (Voyage) - Freight - Non-payment - Bank gave notice of assignment to charterers - Vessel arrested by creditor - Owners unable or unwilling to continue voyage - Charterers incurred transhipment costs - Whether bank entitled to claim freight from charterers - Whether charterers entitled to right of set off.

[1987] 1 Lloyd's Rep. 239

IAN KEITH BROWN v. CBS (CONTRACTORS) LTD.

Arbitration - Arbitrator - Removal - Fixed price lump-sum contract - Dispute referred to arbitration - Whether matters put before arbitrator which should not have been so put - Whether arbitrator properly considered without prejudice issue - Whether arbitrator dealt properly with submissions relating to s. 2 consents - Whether arbitrator should be removed - Arbitration Act, 1979, s. 2.

[1987] 1 Lloyd's Rep. 279

ISLAMIC ARAB INSURANCE CO. v. SAUDI EGYPTIAN AMERICAN REINSURANCE CO.

Practice - Reinsurance - Application to set aside - Whether reinsurance contracts made within the jurisdiction - Whether contracts governed by English law - Whether discretion should be exercised in favour of plaintiffs - Whether application to set aside should be granted.

[1987] 1 Lloyd's Rep. 315

The “IOS I”

Salvage arbitration - Award - Costs - Remission - Mistake or misconduct of arbitrator - Amount of sealed offer in excess of amount awarded - No special order as to costs - Whether appeal arbitrator had misconducted himself - Whether award on costs should be remitted.

[1987] 1 Lloyd's Rep. 321

COMDEL COMMODITIES LTD. v. SIPOREX TRADE S.A.

Arbitration - Stay of action - Limitation of time - Arbitration agreement non-domestic agreement - Stay of action mandatory if Arbitration Act, 1975, s. 1 applicable - Whether time limits under FOSFA applicable - Whether stay of action should be granted - Whether application for extension of time should be granted.

[1987] 1 Lloyd's Rep. 325

EXCOMM LTD. v. GUAN GUAN SHIPPING (PTE) LTD. (THE “GOLDEN BEAR”)

Arbitration - Delay in prosecution - Injunction - Claim in respect of shortage and damage to cargo - Claim in respect of demurrage - Whether cargo claim abandoned or rescinded - Whether owners precluded from exercising a power or discretion to continue with arbitration - Final award in demurrage arbitration - Whether owners precluded from proceeding with cargo claim - Whether injunction restraining owners from proceeding with arbitration should be granted.

[1987] 1 Lloyd's Rep. 330

CO-OPERATIVE CENTRALE RAIFFEISEN-BOERELEENBANK B.A. (“RABOBANK NEDERLAND”) v. THE SUMITOMO BANK LTD. (THE “ROYAN”, “ABUKIRK”, “BRETAGNE” AND “AUVERGNE”)

Banking - Letter of credit - Construction - Beneficiary bank presented documents to confirming bank - Documents did not comply with letter of credit - Confirming bank paid under reserve - Issuing bank later accepted documents - Whether beneficiary bank liable for financing charges arising out of late acceptance - Date on which final 10 per cent. to be paid.

[1987] 1 Lloyd's Rep. 345

I.C.I. PLC AND I.C.I. FRANCE S.A. v. MAT TRANSPORT LTD.

Carriage by road - C.M.R. - Limitation of time - Damage to goods - Plaintiffs had goods surveyed - Whether claim time barred - Whether written claim made to defendants - Whether period of limitation suspended - Whether survey fee recoverable - C.M.R. art. 32.

[1987] 1 Lloyd's Rep. 354

SHELL INTERNATIONAL PETROLEUM CO. LTD v. TRANSNOR (BERMUDA) LTD.

Practice - Summary judgment - Sale of crude oil - Non acceptance by defendants - Plaintiffs resold crude oil elsewhere - Plaintiffs claimed damages - Whether plaintiffs entitled to judgment under R.S.C., O.14 - Whether defendants had an arguable defence.

[1987] 1 Lloyd's Rep. 363

ISLAMIC REPUBLIC OF IRAN SHIPPING LINES v. PETER JONATHAN DENBY

Practice - Settlement - Moneys had and received - Shipowners settled action with plaintiffs - Defendant paid secret commission - Whether sum received by defendant a bribe - Whether money had and received by defendant to the use of plaintiffs - Whether defendant held such moneys as trustee for plaintiffs.

[1987] 1 Lloyd's Rep. 367

POLIVITTE LTD. v. COMMERCIAL UNION ASSURANCE CO. PLC.

Insurance (Material damage) - Fire - Insured premises damaged by fire - Plaintiffs claimed under insurance policy - Defendants alleged fire either started deliberately or if fire started accidentally plaintiffs aware of its existence - Whether defendants liable under policy.

[1987] 1 Lloyd's Rep. 379

SHAMSHER JUTE MILLS LTD. v. SETHIA (LONDON) LTD.

Sale of goods (f.o.b) - Non-acceptance - Sellers shipped goods - Buyers opened letter of credit - Sellers failed to comply with its terms - Bank refused payment - Whether sellers entitled to recover contract price or damages for non-acceptance.

[1987] 1 Lloyd's Rep. 388

THE “DERBYSHIRE”

Admiralty practice - Personal injury - Vessel sank with loss of all hands - Plaintiffs claimed damages on behalf of deceased third engineer’s estate - Plaintiffs alleged construction of vessel defective - Whether vessel “equipment” provided by defendants - Whether defendants liable - Employer’s Liability (Defective Equipment) Act, 1969, s. 1.

[1987] 1 Lloyd's Rep. 411

KENYA RAILWAYS v. ANTARES CO. PTE LTD. (THE “ANTARES”) (NOS. 1 and 2)

Carriage by sea - Limitation of time - Cargo wrongfully stowed on deck - Damage to cargo - Whether claim subject to one year time limit of Hague-Visby Rules - Whether time should be extended - Whether notice of arbitration given to charterers as owners’ agents - Whether owners estopped from relying on time bar point - Whether notice could be treated as given to owners - Arbitration Act, 1950, s. 27 - Carriage of Goods by Sea Act, 1971 - Hague-Visby Rules, art. III, r. 6 - Limitation Act, 1980, s. 35(1)(b) - R.S.C., O. 20, r. 5

[1987] 1 Lloyd's Rep. 424

CHARM MARITIME INC. v. MINAS XENOPHON KYRIAKOU AND DAVID JOHN MATHIAS

Practice - Stay of action - Abuse of process - Appropriate forum - Claim by plaintiffs in respect of certain shares - Plaintiffs brought actions in Greece and England - Whether abuse of process - Whether Greece more appropriate forum - Whether action should be stayed.

[1987] 1 Lloyd's Rep. 433

THE “WORLD STAR”

Admiralty practice - Arrest and sale of vessel - Plaintiffs incurred costs in arresting and preserving vessel - Vessel sold and proceeds paid into Court - Whether plaintiffs entitled to payment out of funds in Court.

[1987] 1 Lloyd's Rep. 452

NAVIERA MOGOR S.A. v. SOCIÉTÉ METALLURGIQUE DE NORMANDIE (THE “NOGAR MARIN”)

Charter-party (Voyage) - Bills of lading - Indemnity - Charterers presented inaccurate bills of lading for signature - Damage to cargo - Receivers’ claim settled - Whether charterers in breach in presenting inaccurate bills - Whether master’s negligent act broke chain of causation - Whether owners entitled to be indemnified by charterers.

[1987] 1 Lloyd's Rep. 456

BARLEE MARINE CORPORATION v. TREVOR REX MOUNTAIN (THE “LEEGAS”)

Insurance (Marine) - Construction - Leading underwriter clause - Leading underwriter authorized bindingly to agree certain amendments to policy - Endorsements including inter alia one extending period of insurance signed by leading underwriter only - Vessel a constructive total loss - Whether following underwriters liable - Whether plaintiffs entitled to summary judgment.

[1987] 1 Lloyd's Rep. 471

INDUSTRIE CHIMICHE ITALIA CENTRALE v. ALEXANDER G. TSAVLIRIS AND SONS MARITIME CO. PANCRISTO SHIPPING CO. S.A. AND BULA SHIPPING CORPORATION (THE “CHOKO STAR”)

Admiralty practice - Salvage arbitration - Vessel grounded - Salvage services rendered on Lloyd’s Open Form - Whether master authorized to enter into agreement on behalf of cargo-owners - Whether application for injunction restraining the salvors from proceeding with salvage arbitration pending trial of the action should be granted

[1987] 1 Lloyd's Rep. 508

UNIVERSAL PETROLEUM CO. LTD. (in liquidation) v. HANDELS-UND TRANSPORT GESELLSCHAFT m.b.H.

Arbitration - Award - Remission - Reasons - Dispute under sale contract - Arbitrator made a reasoned award - Allegations that conclusion reached by arbitrator conclusion no reasonable arbitrator could have reached and errors of law on face of award - Whether arbitrator should be ordered to state reasons for primary finding - Whether arbitrator should be ordered to state further reasons - Whether application to remit should be granted - Arbitration Act, 1979 ss. 1, 1(5)

[1987] 1 Lloyd's Rep. 517

THE “FAETHON”

Collision - Crossing vessels - Collision close to entrance to port of Piraeus - Allegations of fault in navigation of both vessels - Apportionment of liability.

[1987] 1 Lloyd's Rep. 538

CLIPPER MARITIME LTD. v. SHIRLSTAR CONTAINER TRANSPORT LTD. (THE “ANEMONE”)

Charter-party (Time) - Guarantee - Owners claimed sums due under charter - Allegations that defendants undertook to guarantee performance of charter - Whether contract valid - Whether contract ratified or authorized - Whether owners relied on representations made by defendants - Quantum of damages.

[1987] 1 Lloyd's Rep. 546

CHANNEL ISLAND FERRIES LTD. v. SEALINK U.K. LTD.

Contract - Construction - Joint venture agreement for future operation of Channel Island ferry services - Last minute amendment - Sealink crews took industrial action - Whether JVA permitted time chartering - Whether force majeure clause applicable - Whether plaintiffs in breach for operating cargo vessel through an associated company.

[1987] 1 Lloyd's Rep. 559

Informa UK Limited is a company registered in England and Wales with company number 1072954 whose registered office is 5 Howick Place, London, SW1P 1WG. VAT GB365462636. Informa UK Limited is part of Informa PLC.

Lloyd's List Group is a trading division of Informa UK Limited, a company registered in England and Wales with company number 1072954 whose registered office is 5 Howick Place, London, SW1P 1WG. VAT GB365462636. Informa UK Limited is part of Informa PLC. Lloyd's is the registered trademark of the Society incorporated by the Lloyd's Act 1871 by the name of Lloyd's.