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MAGELLAN SPIRIT APS v VITOL SA (THE "MAGELLAN SPIRIT")

Practice – Anti-suit injunction – Jurisdiction – Shipowner applying for injunction to restrain Nigerian proceedings brought by Swiss shipper – Whether court had jurisdiction – Agency – Whether shipper was undisclosed principal of time charterer – Whether bill of lading to be rectified to incorporate charterparty jurisdiction clause – Whether parties concluded free-standing jurisdiction agreement – Delay.

[2016] 2 Lloyd's Rep. 1

ST SHIPPING AND TRANSPORT PTE LTD v SPACE SHIPPING LTD (THE "CV STEALTH")

Charterparty (Time) – Vessel detained at Venezuelan port while waiting to load cargo – Whether charterers liable for financial consequences of detention – Shelltime 4 form, clause 28 – Arbitration – Appeal – Charterers seeking to appeal arbitration award – Charterparty providing that either party might appeal to the High Court on any question of law arising out of an award – Whether agreement that appeal could be brought – Arbitration Act 1996, section 69(2)(a).

[2016] 2 Lloyd's Rep. 17

TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC(THE “GSF ARCTIC III”)

Contract – Hire of drilling rig – Exclusion clause – Hirer suffering loss of time due to owner's breaches of contract – Hirer claiming to recover additional overhead costs resulting from delays – Whether owner's liability excluded on basis that costs constituted “consequential loss”.

[2016] 2 Lloyd's Rep. 51

BROADS AUTHORITY v FRY

Inland waterways – Norfolk and Suffolk Broads – Dutch barge moored outside navigation area of Broads but in “adjacent waters” – Whether owner of barge liable to pay toll to Broads Authority – Barge deriving no benefit from Broads Authority's services – Whether bylaw valid – Norfolk and Suffolk Broads Act 1988, section 13(1) as amended by Broads Authority Act 2009.

[2016] 2 Lloyd's Rep. 61

ELLINIKO DIMOSIO v STROUMPOULIS AND OTHERS

European law – Protection of employees in the event of insolvency of employer – Applicability to seamen employed to work on non-EU flagged vessel – Whether Greek national law constituted “equivalent” protection – Council Directive 80/987/EEC, articles 1.1 and 1.2 – UNCLOS, articles 91, 92 and 94.

[2016] 2 Lloyd's Rep. 85

WINDSTAR MANAGEMENT SERVICES LTD v HARRIS

Employment – Master mariner working outside UK territorial waters – Jurisdiction of Employment Tribunal to hear unfair dismissal claim – Base test – Peripatetic employee – Employment Rights Act 1996, section 94.

[2016] 2 Lloyd's Rep. 109

HC TRADING MALTA LTD v TRADELAND COMMODITIES SL

Practice - Declaratory relief - Claimant asserting existence of contract containing London arbitration clause - Claimant issuing claim in High Court seeking declaration that binding arbitration agreement existed - Whether claim should be struck out - Senior Courts Act, section 37.

[2016] 2 Lloyd's Rep. 130

INTEGRAL PETROLEUM SA v MELARS GROUP LTD

Arbitration - Jurisdiction - Scope of arbitration clause - Permission to appeal refused - Whether Court of Appeal could give permission to appeal - Arbitration Act 1996, section 67.

[2016] 2 Lloyd's Rep. 141

NEON SHIPPING INC v FOREIGN ECONOMIC & TECHNICAL COOPERATION CO OF CHINA AND ANOTHER

Contract - Shipbuilding contract - Time-bar - Buyer not giving notice of crane defect within 30 days after end of Guarantee Period - Whether buyer's claim time-barred - Statutory implication of term of fitness for purpose - Whether applicable to shipbuilding contract where vessel built for use in standardised trade - Sale of Goods Act 1979, section 14(3).

[2016] 2 Lloyd's Rep. 158

CYPRUS POPULAR BANK PUBLIC CO LTD v VGENOPOULOS AND OTHERS

Conflict of laws – Worldwide freezing order – Registration of order in England – Effect of registration on enforceability of the order – Whether defendant had properly enforced the order – Regulation 44/2001/EC, articles 32 and 47.

[2016] 2 Lloyd's Rep. 177

UNION MARINE CLASSIFICATION SERVICES LLC v GOVERNMENT OF THE UNION OF COMOROS

Arbitration – Jurisdiction – Arbitrator issuing corrective award under slip rule – Claimant challenging corrective award for lack of substantive jurisdiction – Whether corrective award a nullity – Whether court had jurisdiction to hear claimant's application – Whether tribunal entitled to correct error in original award – Arbitration Act 1996, sections 57(3)(a) and (b) and 67.

[2016] 2 Lloyd's Rep. 193

MONDE PETROLEUM SA v WESTERNZAGROS LTD

Contract – Termination – Consultancy Services Agreement – Whether Agreement validly terminated – Utmost good faith – Implied terms – Subsequent Settlement Agreement – Whether Settlement Agreement voidable for misrepresentation – Misrepresentation Act 1967, section 2(1).

[2016] 2 Lloyd's Rep. 229

PATEL v MIRZA

Illegality – Payment made to bet on shares using inside information – Information proving incorrect and bet not taking place – Whether lender could recover payment – Public policy – Factors determining whether repayment should be required.

[2016] 2 Lloyd's Rep. 300

BAILEY AND ANOTHER v ANGOVE'S PTY LTD

Agency - Authority - When authority of agent irrevocable - Receipt of money by agent imminently insolvent - Constructive trust.

[2016] 2 Lloyd's Rep. 409

MARSDEN v BARCLAYS BANK PLC

Banking - Interest rate swaps - Validity of Settlement Agreement - Past consideration - Economic duress - Effect of investigation required by regulator - Financial Services and Markets Act 2000, section 138D.

[2016] 2 Lloyd's Rep. 420

ESSAR OILFIELDS SERVICES LTD v NORSCOT RIG MANAGEMENT PVT LTD

Arbitration – Serious irregularity – Award of costs – Whether litigation funding costs amounted to “other costs” – Waiver – Running of time for appeal against an award where it had been corrected – Extension of time – Arbitration Act 1996, sections 59, 61, 63, 68, 69, 70, 73, 80 and 81.

[2016] 2 Lloyd's Rep. 481

MSC MEDITERRANEAN SHIPPING CO SA v COTTONEX ANSTALT

Carriage of goods by sea – Container demurrage – Cargo interests failing to collect containerised goods from discharge port – Carrier claiming container demurrage from shipper – Whether demurrage payable – Whether contracts of carriage repudiated by frustrating delay – Whether carrier entitled to affirm contracts and claim continuing demurrage.

[2016] 2 Lloyd's Rep. 494

KAIROS SHIPPING LTD AND ANOTHER v ENKA & CO LLC AND OTHERS (THE “ATLANTIK CONFIDENCE”)

Limitation of liability – Conduct barring limitation – Vessel catching fire in Gulf of Aden and subsequently flooding and sinking – Owners seeking limitation decree – Whether owners barred from limiting liability – Whether loss resulted from owners’ personal act or omission committed with the intent to cause loss – Burden and standard of proof – Convention on Limitation for Liability of Maritime Claims 1976, article 4.

[2016] 2 Lloyd's Rep. 525

BCY v BCZ

Arbitration – Jurisdiction – Existence of arbitration agreement – Law applicable to arbitration agreement.

[2016] 2 Lloyd's Rep. 583

REGULUS SHIP SERVICES PTE LTD v LUNDIN SERVICES BV AND ANOTHER

Towage – Towcon providing that tow should be provided in light ballast condition – Whether tow in light ballast condition – Whether tugowner entitled to delay payments – Whether tugowner warranted average speed of about 4.5 knots – Whether Towcon repudiated by hirer or by tugowner.

[2016] 2 Lloyd's Rep. 612

SIMMONDS v GAMMELL

Arbitration – Error of law – Reinsurance – Aggregation clause – Meaning of “any one event” – Arbitration Act 1996, section 69.

[2016] 2 Lloyd's Rep. 631

REITER PETROLEUM INC v THE SHIP “SAM HAWK”

Admiralty jurisdiction – Action in rem – Time-charterer failing to pay for bunkers supplied to vessel – Bunker suppliers arresting vessel in Australia on basis of maritime lien under United States or Canadian law – Whether foreign maritime lien recognised under Australian law – Whether court had in rem jurisdiction – Whether shipowner entitled to summary judgment – Admiralty Act 1988 (Cth), sections 15 and 17.

[2016] 2 Lloyd's Rep. 639