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REGINA v. SECRETARY OF STATE FOR TRANSPORT EX PARTE FACTORTAME LTD. AND OTHERS (No. 2)

Practice - Interim relief - Registration of fishing vessels to comply with Merchant Shipping Act and Regulations - Applicants challenged validity of certain provisions of Act and regulations - Matter referred to European Court of Justice - Court had jurisdiction to grant interim relief - Whether interim relief should be granted to applicants- Merchant Shipping Act, 1988 s. 14(1),(2),(7) - Merchant Shipping (Registration of Fishing Vessels) Regulations 1988.

[1991] 1 Lloyd's Rep. 10

COMPAGNIE COMMERCIALE SUCRES ET DENREES v. C. CZARNIKOW LTD. (THE “NAXOS”)

Sale of goods (f.o.b.) - Non-performance - Condition - Breach - Term in contract required sellers to have goods ready to be delivered to buyers at any time within contract period - Sellers failed to deliver cargo on presentation of vessel - Buyers regarded sellers in default and terminated contract - Whether sellers in breach of condition - Whether contract validly terminated - Whether buyers entitled to damages.

[1991] 1 Lloyd's Rep. 29

PHIBRO ENERGY A.G. v. NISSHO IWAI CORPORATION AND BOMAR OIL INC. (THE “HONAM JADE”)

Sale of goods (f.o.b.) - Repudiation - Contracts for sale of cargo of oil - Buyers’ right to nominate vessel subject to acceptance by terminal operator - Whether sellers had to obtain acceptance from terminal operator before accepting buyers’ nomination - Whether sellers in breach of obligation - Whether buyers’ repudiation justified.

[1991] 1 Lloyd's Rep. 38

THE “REWIA”

Carriage by sea - Stay of action - Forum convenien - Plaintiffs claimed damages for short delivery - Whether carrier a proper or necessary party to action - Whether carrier domiciled and principle place of business in Germany - Whether Germany more appropriate forum - Whether action should be stayed - Civil Jurisdiction and Judgments Act, 1982, Schedule 1, arts. 2, 17.

[1991] 1 Lloyd's Rep. 69

ARMOUR AND ANOTHER v. THYSSEN EDELSTAHLWERKE A. G.

Sale of goods - Title to goods - Sellers sold steel strip to buyers - Property to remain in sellers until all debts owed to sellers paid - Receivers appointed in respect of buyers - Dispute as to quantity of steel strip - Whether steel strip formed part of buyers’ assets - Whether sellers retained title in steel.

[1991] 1 Lloyd's Rep. 95

HYUNDAI MERCHANT MARINE CO. LTD. v. GESURI CHARTERING CO. LTD. (THE “PEONIA”)

Charter-party (Time) - Redelivery - Illegitimate last voyage - Vessel let for about 10 months maximum 12 months - Charterers concluded sub-charter - Owners alleged proposed last voyage illegitimate - Whether charterers entitled to order vessel to undertake last voyage which started before latest time for redelivery.

[1991] 1 Lloyd's Rep. 100

SEALACE SHIPPING CO. LTD. v. OCEANVOICE LTD. (THE “ALECOS M”)

Arbitration - Award -Measure of damages - Vessel sold without spare propeller - Arbitrator awarded buyer scrap value of propeller - Whether arbitrator had erred in assessment of damages - Measure of damages to be adopted - Sale of Goods Act, 1979 ss. 51, 53.

[1991] 1 Lloyd's Rep. 120

RICHCO INTERNATIONAL LTD. v. ALFRED C. TOEPFER INTERNATIONAL G.m.b.H. (THE “BONDE”)

Sale of goods (f.o.b.) - Carrying charges - Sellers guaranteed to load vessel at rate of 3000 tonnes - Buyers obtained extended delivery period - Sellers unable to achieve guaranteed loading rate - Whether buyers liable for carrying charges during extended delivery period - Whether sellers taking advantage of own breach - Whether contract contained implied term.

[1991] 1 Lloyd's Rep. 136

TEXAS INSTRUMENTS LTD. AND OTHERS v. NASON (EUROPE) LTD. AND OTHERS

Carriage by road - Title to sue - Limitation of liability - Goods in trailer left at public car park - Plaintiffs claimed for loss of goods - Whether plaintiffs had title to sue - Whether second defendants first carriers - Whether wilful misconduct - Whether defendants entitled to limit liability - CMR Convention.

[1991] 1 Lloyd's Rep. 146

E. D. & F. MAN (COFFEE) LTD. v. MIYAZAKI S.A. COMMERCIAL AGRICOLA AND OTHERS

Practice - Garnishee proceedings - Buyers repudiated sales contracts - Sellers sought to garnishee purchase price paid by sellers under earlier contracts - Interveners claimed purchase moneys as assignees of buyers - Whether sellers had made payments against shipping documents or bills of exchange - Whether payments held to order of interveners.

[1991] 1 Lloyd's Rep. 154

E. D. & F. MAN (SUGAR) LTD. v. YANI HARYANTO (NO. 2)

Practice - Foreign Judgment - Recognition - Res judicata - Disputes arose under contract for sale of sugar - Judgments obtained in Indonesia - Proceedings commenced in English Courts - Whether issues res judicata - Whether English public policy precluded recognition of Indonesian judgment - Whether plaintiffs entitled to extraterritorial injunctive relief.

[1991] 1 Lloyd's Rep. 161

MERRETT v. CAPITOL INDEMNITY CORPORATION

Reinsurance - Insurance brokers - Reinsured claimed under reinsurance policies - Brokers paid claims gratuitously - Whether reinsured could still claim against reinsurers.

[1991] 1 Lloyd's Rep. 169

FENTON INSURANCE CO. LTD. v. GOTHAER VERSICHERUNGSBANK VVaG

Reinsurance - Marine quota share treaty - Reinsurers refused to pay reinsureds’ claims - Whether conduct of reinsured entitled reinsurers to assume treaty abandoned - Whether reinsured by silence or conduct estopped from making claims - Whether treaty repudiated.

[1991] 1 Lloyd's Rep. 172

BLACK v. YATES

Practice - Foreign judgment - Res judicata - Civil Jurisdiction and Judgments Act 1982 s. 34 - Motor cycle accident in Spain resulted in death of plaintiff’s husband - Proceedings in Spain - Spanish judgment awarded plaintiffs compensation - Plaintiff commenced action in England - Whether plaintiff precluded from bringing action in England under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934 - Separate position of plaintiff and children - Infancy.

[1991] 1 Lloyd's Rep. 181

THE “SARDINIA SULCIS” AND “AL TAWWAB”

Admiralty practice - Action in rem - Writ - Validity - Collision between plaintiffs’ vessel and defendants’ vessel - Plaintiffs sought to recover costs of repair - Defendants alleged plaintiffs ceased to exist before writ issued - Whether writ a nullity - Whether writ issued without authority.

[1991] 1 Lloyd's Rep. 201

THE “ANTIGONI”

Carriage by sea - Unseaworthiness - Due diligence - Vessel sustained major engine breakdown - Cargo-owners incurred salvage expenditure - Whether recoverable from owners - Whether owners exercised due diligence to make vessel sea-worthy - Hague-Visby Rules, art. IV, r. 1.

[1991] 1 Lloyd's Rep. 209

THE “SYLT”

Admiralty practice - Stay of action - Action commenced by cargo-owners to obtain security - Shipowners gave bail bond as security - Whether bail bond could be used for satisfaction of judgment given by Sierra Leone Court - Whether plaintiffs’ application to stay their own action should be granted - Civil Jurisdiction and Judgments Act, 1982, s. 26.

[1991] 1 Lloyd's Rep. 240

ATLANTIC MARINE TRANSPORT CORPORATION v. COSCOL PETROLEUM CORPORATION (THE “PINA”)

Charter-party (Time) - Rectification - Charter-party documents unsigned owners claimed for over-performance of vessel - Whether contract contained in charter-party or fixture agreement - Whether hire adjustment provisions of cl. 24 incorporated into charter - Whether contract should be rectified to exclude or modify cl. 24.

[1991] 1 Lloyd's Rep. 246

K/S NORJARL A/S v. HYUNDAI HEAVY INDUSTRIES CO. LTD.

Arbitration - Arbitrators - Misconduct - Application for removal - Arbitrators proposed agreement for proportion of arbitrators’ fees to be paid in advance - Whether such agreement constituted misconduct - Whether arbitrators should be removed.

[1991] 1 Lloyd's Rep. 260

PETROFINA S.A. v. AOT LTD. (THE “MAERSK NIMROD”)

Arbitration - Award - Leave to appeal - Jurisdiction - Dispute regarding demurrage provisions in c.i.f. contract and charter-party - Whether sellers claims for demurrage arose out of agreement relating to carriage of goods in ship - Whether claim arose out of charter-party - Whether Court had jurisdiction to grant leave to appeal - Supreme Court Act, 1981, s. 20(2)(h).

[1991] 1 Lloyd's Rep. 269

SS. PHARMACEUTICAL CO. LTD. AND ANOTHER v. QANTAS AIRWARYS LTD.

Carriage by air - Limitation of liability - Damage to cargo while in the custody of carrier - Carriers invoked limitation provisions in art. 22 of Warsaw Convention - Cargo-owners alleged damage resulted from reckless conduct of carrier - Whether carrier entitled to limit liability - Standard of conversion applicable - Australia.

[1991] 1 Lloyd's Rep. 288

MOBIL OIL HONG KONG LTD. AND DOW CHEMICAL (HONG KONG) LTD. v. HONG KONG UNITED DOCKYARDS LTD. (THE “HUA LIEN”)

Negligence - Duty of care - Dead ship in defendants’ dockyard awaiting repairs - Defendants moored ship to harbour buoy to ride out typhoon Ellen - Vessel broke free at height of typhoon - Damage caused to plaintiffs’ jetty and other shore-based installations - Whether defendants negligent in failing to take proper precautions to safeguard ship against typhoon risks - Whether defendants owed plaintiffs duty of care.

[1991] 1 Lloyd's Rep. 309

THE “TACOMA CITY”

Admiralty practice - Action in rem - Maritime lien - Shipowners ceased trading - Crew claimed severance pay and wages in lieu of notice - Vessel ordered to be sold pendente lite in earlier mortgagees’ action - Whether claim for severance pay gave rise to maritime lien - Whether certain members of crew entitled to wages in lieu of notice.

[1991] 1 Lloyd's Rep. 330

GEOGAS S.A. v. TRAMMO GAS LTD. (THE “BALEARES”)

Charter-party (Voyage) - Cancellation - Vessel and substitute vessel unable to meet e.t.a. and cancelling dates - Arbitrators held charterers entitled to recover loss caused by increase in market price due to “hype” - Judge held damages irrecoverable - Leave to appeal refused - Whether leave to appeal should be granted - Arbitration Act 1979 s.1(7)(b).

[1991] 1 Lloyd's Rep. 349

CARGILL S.p.A. v. P. KADINOPOULOS S.A.

Arbitration - Lapse of claim - Dispute regarding cargo of wheat - Arbitrator appointed in 1986 - Sellers submitted documents in support of claim in 1988 - Arbitrator held sellers’ claim lapsed - Board of Appeal allowed claim to proceed - Whether sellers had right of appeal under GAFTA arbitration rules.

[1991] 1 Lloyd's Rep. 364

ETABLISSEMENTS SOULES ET CIE v. INTERTRADEX S.A.

Sale of goods (c.i.f.) - Demurrage - Congestion at port of discharge - Vessel unable to berth immediately - Whether time only to count when vessel actually berthed.

[1991] 1 Lloyd's Rep. 378

THE “WALTRAUD”

Admiralty practice - Summary judgment - Application for interim payments - Bill of lading incorporated Hague-Visby Rules - Vessel capsized - Cargo lost - Whether vessel unseaworthy - Whether plaintiffs entitled to summary judgment - Whether application for interim payments should be granted.

[1991] 1 Lloyd's Rep. 389

ALLIED VISION LTD. v. VPS FILM ENTERTAINMENT G.m.b.H.

Arbitration - Award - Enforcement - Application to set aside - Whether defendants had reserved position to challenge arbitrator’s jurisdiction - Whether defendants had made clear ad hoc submission to arbitrators’ jurisdiction - Whether applications to set aside order enforcing award should be granted.

[1991] 1 Lloyd's Rep. 392

ATENI MARITIME CORPORATION v. GREAT MARINE LTD. (THE GREAT MARINE) (No. 2)

Sale of ship - Delayed delivery - Vessel to be delivered on completion of present voyage - Whether term agreed - Whether buyers entitled to damages for late delivery - Propeller damaged - Whether sellers in breach of obligation to deliver vessel “free of any average damage affecting class” - Whether buyers entitled to damages for such breach.

[1991] 1 Lloyd's Rep. 421

E.D. & F. MAN (SUGAR) LTD. v. YANI HARYANTO (NO. 2)

Practice - Foreign judgment - Recognition - Res judicata - Disputes arose under contract for sale of sugar - Judgments obtained in Indonesia - Proceedings commenced in English Courts - Whether issues res judicata - Whether English public policy precluded recognition of Indonesian judgment - Whether plaintiffs entitled to extraterritorial injunctive relief.

[1991] 1 Lloyd's Rep. 429

APOSTOLOS KONSTANTINE VENTOURIS v. TREVOR REX MOUNTAIN AND ANOTHER

Practice - Discovery of documents - Privilege - Representative proceedings - Underwriter sued in representative capacity - Application for better list of documents - Whether Court had power to order represented underwriters to disclose documents - Whether legal professional privilege could be claimed for certain documents.

[1991] 1 Lloyd's Rep. 441

FINA SUPPLY LTD. v. SHELL UK LTD. (THE “POITOU”)

Carriage by sea - Demurrage - Construction - Sale and purchase of Brent crude oil - Vessel delayed in berthing - Appropriate demurrage rate to be applied - Whether time lost in berthing of vessel due to bad weather to count.

[1991] 1 Lloyd's Rep. 452

MITSUI & CO. LTD. v. NOVOROSSIYSK SHIPPING CO. (THE “GUDERMES”)

Carriage by sea - Implied contract - Cargo of oil on board vessel with no operative heating coils - Plaintiffs purchased cargo from shippers -Whether plaintiffs aware that vessel had no heating system - Whether contract to be implied between plaintiffs and defendants - Whether Hague-Visby Rules incorporated - Whether vessel unseaworthy - Whether defendants owed plaintiffs duty of care in tort or bailment - Quantum.

[1991] 1 Lloyd's Rep. 456

CONCORDIA TRADING B.V. v. RICHCO INTERNATIONAL LTD.

Sale of goods (f.o.b.) - Tender of documents - Date of default - Sellers failed to tender documents - Whether sellers’ duty to tender documents under f.o.b. contract same as c.i.f. seller - Whether sellers only in default after documents non-marketable - Whether date of default same date as date sellers in breach of obligation to tender documents promptly.

[1991] 1 Lloyd's Rep. 475

GLASTNOS SHIPPING LTD. AND CONTINENTAL CHARTERING & BROKERAGE LTD. HONG KONG BRANCH v. PANASIAN SHIPPING CORPORATION AND WITHERS (A firm) (THE “GLASTNOS”)

Sale of ship - Ownership of vessel - Defendants executed judgment against vessel - Dispute as to ownership of vessel - Plaintiffs claimed possession and ownership of vessel - Whether transactions entered into in March 1986 effective - Whether plaintiffs’ sale of vessel valid - Whether corporate veil could be pierced - Whether plea of estoppel made out.

[1991] 1 Lloyd's Rep. 482

P.S. CHELLARAM & CO. LTD. v. CHINA OCEAN SHIPPING CO. (THE “ZHI JIANG KOU”)

Bill of lading - Limitation of time - Goods released without presentation of bill of lading - Consignee insolvent - Whether carrier could rely on limitation provisions in Hague Rules - Whether Hague Rules or Hague-Visby Rules applied - Whether carrier entitled to limit liability - Illegibility of bill of lading - Liability to indemnify - Hague Rules, art. III, r. 6, art. IV rr. 4, 5.

[1991] 1 Lloyd's Rep. 493

K/S NORJARL A/S v. HYUNDAI HEAVY INDUSTRIES CO. LTD.

Arbitration - Arbitrators - Misconduct - Application for removal - Arbitrators proposed agreement for proportion of arbitrators’ fees to be paid in advance - Whether such agreement constituted misconduct - Whether arbitrators should be removed.

[1991] 1 Lloyd's Rep. 524

UNISYS INTERNATIONAL SERVICES LTD. (FORMERLY SPERRY RAND LTD.) v. EASTERN COUNTIES NEWSPAPERS LTD. AND EASTERN COUNTIES NEWSPAPERS GROUP LTD.

Arbitration - Delay in prosecution - Validity of reference - Abandonment - Dispute under sale contract referred to arbitration - Buyer’s name changed before reference to arbitration and name given to subsidiary - Arbitration brought in buyers old name - Whether reference a nullity - No communication between parties - Whether reference impliedly or expressly abandoned.

[1991] 1 Lloyd's Rep. 538

ATLAS MARITIME CO. S.A. v. AVALON MARITIME LTD. (THE “CORAL ROSE”)

Practice - Mareva injunction - Discharge - Sale of ship - Dispute as to validity of contract - Mareva injunction obtained - Court ruled valid contract in existence - Remaining issues to be referred to arbitration - Whether Mareva injunction should be discharged.

[1991] 1 Lloyd's Rep. 563

MIDLAND BANK PLC v. BROWN SHIPLEY & CO. LTD. CITIBANK N.A. v. SAME

Banking - Conversion - Fraudsters induced plaintiffs to issue bankers’ drafts in favour of defendants - Defendants collected payment and paid out substantial sums to fraudsters - Whether title in drafts transmitted to defendants - Whether act of presenting them for payment a conversion - Whether plaintiffs could recover value of drafts as damages for conversion.

[1991] 1 Lloyd's Rep. 576

BANKERS TRUST CO. v. STATE BANK OF INDIA

Banking - Letter of credit - Rejection of document for discrepancies - Whether time taken to examine documents exceeded reasonable time - Whether permissible for plaintiffs to consult and or release documents to the buyers - Whether plaintiffs failed to give notice of rejection - Whether plaintiffs’ telex should have stated documents being held at disposal of defendants - UCP art. 16.

[1991] 1 Lloyd's Rep. 587

JOHN W. PRYKE AND OTHERS v. GIBBS HARTLEY COOPER LTD. EXCESS INSURANCE CO. LTD. v. SAME

Insurance (Financial Guarantee) - Binding authority - Financial guarantee policy issued - Outside scope of binding authority - Plaintiff insurers requested cancellation - Failure to do so - Whether defendants owed duty of care to plaintiffs to report or disclose all information - Whether defendants misrepresented position.

[1991] 1 Lloyd's Rep. 602