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N.W.L. LTD. v. NELSON AND LAUGHTON SAME v. WOODS (THE "NAWALA")

Practice - Injunction - Trade dispute - Owner employing crew on terms unacceptable to union - Vessel likely to be blacked - Whether dispute a "trade dispute" - Whether owners entitled to injunction restraining union from "blacking" vessel - Effect of Trade Union and Labour Relations Act, 1974, ss. 13, 17, 29.

[1980] 1 Lloyd's Rep. 1

THE "I CONGRESO DEL PARTIDO"

Admiralty practice - Action in rem - Jurisdiction - Foreign sovereign - Whether vessel owned by Republic of Cuba - Whether vessel beneficially owned by defendants - Whether writs and all subsequent proceedings should be set aside on ground that foreign sovereign impleaded - Whether plaintiffs could invoke Admiralty jurisdiction - Administration of Justice Act, 1956, s. 3 (4).

[1980] 1 Lloyd's Rep. 23

AQUAFLITE LTD. v. JAYMAR INTERNATIONAL FREIGHT CONSULTANTS LTD.

Practice - Sale of ship - Summary judgment - Plaintiffs given judgment for balance of purchase price of hydrofoils - Defendants put forward defence and counterclaim - Whether defendants had good arguable case - Whether defendants entitled to unconditional leave to defend.

[1980] 1 Lloyd's Rep. 36

MONTECCHI v. SHIMCO (U.K.) LTD. DOMENICA v. SAME

Practice - Bill of exchange - Bill dishonoured - Summary judgment - Injunction granted - Stay of execution of judgment removed - Whether injunction should be discharged - Whether stay of execution should be granted.

[1980] 1 Lloyd's Rep. 50

S.I.A.T. DI DAL FERRO v. TRADAX OVERSEAS S.A.

Sale of goods (c.i.f.) - Documents clause - Buyers rejected documents - Whether contract included "Tradax Documents Clause" - Whether documents defective - Whether sellers' letter of guarantee cured defects - Whether valid tender by sellers to buyers - Liability for demurrage - GAFTA 100.

[1980] 1 Lloyd's Rep. 53

THE "ARYA ROKH"

Collision - Negligence - Plaintiffs' vessel lying at anchor - Defendant's vessel collided with her - Whether vessel anchored at an improper place - Whether plaintiffs failed to take adequate steps to bring vessel on upriver heading - Liability for collision.

[1980] 1 Lloyd's Rep. 68

THE "NORTH GOODWIN NO. 16"

Salvage - Towage contract - Volunteers - Plaintiff rendered salvage services to light vessel - Whether light vessel in situation of danger - Whether plaintiffs volunteers - Whether assistance rendered under towage contract - Whether plaintiff entitled to salvage reward.

[1980] 1 Lloyd's Rep. 71

KOCH MARINE INC. v. D'AMICA SOCIETA DI NAVIGAZIONE A.R.L. (THE "ELENA D'AMICO")

Charter-party (Time) - Repudiation - Measure of damages - Owners failed to maintain vessel in class - Charterers accepted conduct as repudiation - Charterers failed to hire substitute vessel - Whether charterers could claim profits they would have made - Whether proper measure of damages was difference between contract and market rates.

[1980] 1 Lloyd's Rep. 75

MONTEDISON S.p.A. v. ICROMA S.p.A. (THE "CASPIAN SEA")

Charter-party (Voyage) - Freight - Freight payable on delivery of cargo - Charterers alleged cargo "unmerchantable" - Whether owners entitled to payment of freight in full without deduction.

[1980] 1 Lloyd's Rep. 91

ISMAIL v. POLISH OCEAN LINES (THE "CIECHOCINEK") (NO. 2)

Arbitration - Costs - Technical misconduct - Arbitrators apportioned costs between parties - Whether departure from general rule that successful party should get costs, justified - Whether award should be set aside or remitted.

[1980] 1 Lloyd's Rep. 97

ETS. SOULES & CIE. v. INTERNATIONAL TRADE DEVELOPMENT CO. LTD.

Sale of goods (c. & f.) - Letter of credit - Appointment of arbitrator - Waiver - Whether letter of credit amended contract - Whether buyers waived right to certificate by official laboratory - Whether arbitrator appointed within time limit - Whether extension of time should be granted - Arbitration Act, 1950, s. 27 - GAFTA 30, 125.

[1980] 1 Lloyd's Rep. 129

FOTHERGILL v. MONARCH AIRLINES LTD.

Carriage by air - Limitation of liability - Damage to luggage - Loss of part of contents - Notice of claim given over a month later - Carrier rejected claim as being out of time - Whether "damage" in art. 26 of the Warsaw Convention included loss of contents of registered baggage - Whether notice given sufficient - Warsaw Convention, arts. 4(1)(c), 18(1), 19, 22(2)(b), 26 - Carriage by Air and Road Act, 1979.

[1980] 1 Lloyd's Rep. 149

CARVALHO v. HULL BLYTH (ANGOLA) LTD.

Practice - Stay of action - Plaintiff sold shares to defendants - Disputes to be referred to District Court of Luanda - Defendants failed to pay fourth instalment - Plaintiff brought action in English Courts - Whether action ought to have been stayed.

[1980] 1 Lloyd's Rep. 172

THE "SAINT ANNA"

Admiralty practice - Action in rem - Interveners - Admiralty Marshal ordered sale of vessel - Proceeds of sale of bunkers on board vessel to be separately accounted for - Whether interveners owners of fuel oil.

[1980] 1 Lloyd's Rep. 180

THE "KISLOVODSK"

Carriage by sea - Stay of action - Damage to cargo - Foreign jurisdiction clause - Parties agreed disputes to be decided by Russian Court - Plaintiffs brought action in England - Whether action should be stayed.

[1980] 1 Lloyd's Rep. 183

THE "ABBEVILLE"

Sale of ship - Agreement - Defendants purchased vessels from director of Navy Contracts - Oral agreement between plaintiffs and defendants for sale and purchase of vessels - Whether defendants sold vessels to plaintiffs.

[1980] 1 Lloyd's Rep. 187

THE "ANNA MARIA"

Practice - Arbitration - Salvage agreement - Injunction - Whether injunction restraining salvors from taking any further step in a reference to arbitration should be granted.

[1980] 1 Lloyd's Rep. 192

TIMMERMAN'S GRAAN-EN MAALHANDEL EN MAALDERIJ B.V. v. SACHS

Sale of goods (c.i.f.) - Non-delivery - Buyers claimed damages for non-delivery - Whether buyers' claim time barred - Whether buyers' application for an extension of time should be granted - GAFTA 100, GAFTA 125 - Arbitration Act, 1950, s. 27.

[1980] 1 Lloyd's Rep. 194

BREMER HANDELSGESELLSCHAFT M.B.H. v. C. MACKPRANG, JR.

Sale of goods (c.i.f.) - Non-fulfilment - Prohibition of export - Sellers failed to ship balance of June instalment within contract period - Whether sellers could rely upon prohibition and/or force majeure clauses - Buyers rejected notice of appropriation - Whether buyers agreed to delivery out of time - Whether sellers in default - GAFTA 100.

[1980] 1 Lloyd's Rep. 210

LONDON INTERCONTINENTAL TRUST LTD. v. BARCLAYS BANK LTD.

Banking - Cheques - Mandate required two signatures - Defendant debited plaintiff's account with cheques bearing only one signature - Whether plaintiff's account wrongly debited - Whether plaintiff authorized and ratified payment of cheques.

[1980] 1 Lloyd's Rep. 241

BUNGE CORPORATION v. TRADAX EXPORT S.A.

Sale of goods f.o.b. - Notice of readiness to load - Buyers to give 15 days loading notice - Whether notice given in time - Whether sellers entitled to hold buyers in default - Whether sellers lost right to hold buyers in default - GAFTA 119.

[1980] 1 Lloyd's Rep. 294

LAMBERT AND ANOTHER v. LEWIS, LARKIN, B. DIXON-BATE LTD. AND LEXMEAD (BASINGSTOKE) LTD.; LEXMEAD (BASINGSTOKE) LTD. (THIRD PARTY); B. DIXON-BATE LTD. (FOURTH PARTY)

Product liability - Sale of goods - Implied condition - Defective towing coupling supplied by seller to owner of vehicle - Coupling broke and trailer colliding with other car - Whether coupling fit for purpose and of merchantable quality - Whether collision in contemplation of parties - Whether loss too remote - Sale of Goods Act, 1893, s. 14(1), (2). Negligence - Duty of care - Defective towing coupling - Coupling fitted to vehicle - Trailer breaking loose from vehicle after coupling parted - Collision with occupants of other car - Whether owner and driver of vehicle and manufacturer of coupling liable.

[1980] 1 Lloyd's Rep. 311

RIGBY AND ANOTHER v. SUN ALLIANCE & LONDON INSURANCE LTD.

Insurance (Householders comprehensive) - Indemnity - Nuisance - Plaintiffs insured buildings and contents with separate insurers - Damage caused to claimants' bungalow by encroachment of tree roots - Whether buildings' insurers liable to indemnify plaintiffs against potential liability - Whether plaintiffs liable "solely us owners, not occupiers, of house".

[1980] 1 Lloyd's Rep. 359

MANTOVANI v. CARAPELLI S.p.A.

Sale of goods (f.o.b.) - Non-acceptance - Buyers not allowed to use weighing and sampling facilities at port of loading - Whether sellers in breach for failing to provide facilities - Whether buyers justified in rejecting documents - Whether arbitration clause barred all legal proceedings - GAFTA 119.

[1980] 1 Lloyd's Rep. 375

TOEPFER v. SCHWARZE

Sale of goods (c.i.f.) - Prohibition - Non-delivery - Sale of U.S. soya bean meal c.i.f. Weser - Embargo on export imposed by U.S. Government - Whether sellers excused by terms of contract for failure to deliver - GAFTA 100.

[1980] 1 Lloyd's Rep. 385

THE "VENEZUELA"

Bill of lading - Damage to cargo - Sub-charterers - Bill of lading signed by charterers' agents on behalf of master - Whether charterers party to contract of carriage evidenced by bill of lading.

[1980] 1 Lloyd's Rep. 393

THE "GINA"

Admiralty practice - Action in rem - Arrest of vessel - Shipowners refused to return plaintiffs' goods until outstanding freight and transhipment costs paid - Plaintiffs arrested vessel - Whether application for release of vessel should be granted -Administration of Justice Act, 1956, s. 1(1)(h).

[1980] 1 Lloyd's Rep. 398

PATROCLOS SHIPPING CO. v. SOCIETE SECOPA

Arbitration - Costs - Award - Charter-party dispute - Charterers' claim wholly failed - Award required each party to pay own costs - Whether award as to costs justified - Whether award should be remitted for reconsideration.

[1980] 1 Lloyd's Rep. 405

BUNGE G.m.b.H. v. C.C.V. LANDBOUWBELANG G.A.

Sale of goods (c.i.f.) - Non-delivery - Notice of appropriation - Date of default - Sellers failed to give notice of appropriation in relation to 200 tonnes of soya bean meal - Whether sellers in default - Whether sellers' notice of appropriation relating to 39.2 tonnes valid - Whether dale of default July 10 or 11 - GAFTA 100.

[1980] 1 Lloyd's Rep. 458

COMPAGNIE GRANIERE S.A. v. FRITZ KOPP A.G.

Arbitration - Sale of goods - Non-delivery - Buyers in earlier arbitration proceedings obtained declaration of liability - Sellers refused payment of buyers' debit note - Buyers referred claim for damages to arbitration - Whether buyers' claim for damages should have been raised at same time as issue of liability.

[1980] 1 Lloyd's Rep. 463

THE "FRISO"

Unseaworthiness - Due diligence - Damage to deck cargo - Vessel encountered heavy weather - Suddenly developed list to port - Vessel abandoned - Cargo jettisoned - Whether damage to cargo caused by perils of the sea - Whether vessel seaworthy at beginning of voyage - Hague Rules art. 3, r. 1 and art. 4.

[1980] 1 Lloyd's Rep. 469

THE "HELENE ROTH"

Admiralty practice - Action in rem - Arrest of vessel - Interveners - Shipowners transferred ownership of vessel to interveners - Plaintiffs brought action in rem against shipowners - Whether interveners' application to set aside renewal of writ and service thereof and release of vessel unconditionally should be granted.

[1980] 1 Lloyd's Rep. 477

THE "BOSTON LINCOLN"

Salvage - Award - Vessel stranded - Salvors rendered salvage services - Assessment of reward.

[1980] 1 Lloyd's Rep. 481

TEHNO-IMPEX v. GEBR. VAN WEELDE SCHEEPVAARTKANTOOR B.V.

Arbitration - Award - Dispute between parties as to demurrage - Arbitrator held that he had no jurisdiction to award interest - Whether award should be set aside or remitted for alleged error of law on its face.

[1980] 1 Lloyd's Rep. 484

SOYA G. M.B.H. KOMMANDITGESELLSCHAFT v. WHITE

Insurance (Marine) - Non-disclosure - Damage to cargo - Inherent vice - Cargo of soya beans insured against sweat and spontaneous combustion - Cargo arrived in healed and deteriorated condition - Whether underwriters advised that earlier cargo arrived in damaged condition - Whether cause of damage inherent vice - Whether underwriters liable - Marine Insurance Act, 1906, ss. 18, 55 (2) (c).

[1980] 1 Lloyd's Rep. 491

COMPANIA COMERCIAL Y NAVIERA SAN MARTIN S.A. v. CHINA NATIONAL FOREIGN TRADE TRANSPORTATION CORPORATION (THE "CONSTANZA M")

Charter-party (Voyage) - Freight - Non-payment - Whether owners could claim freight from sub-charterers - Whether sub-charterers party to bill of lading - Whether head charterers acted as agents on behalf of owners. Practice - Arbitration - Special case - Leave to appeal - Whether leave needed to appeal from a decision of the Court on an interim case.

[1980] 1 Lloyd's Rep. 505

FRATELLI MORETTI S. P.A. v. NIDERA HANDELSCOMPAGNIE B.V.

Sale of goods (f.o.b.) - Non-delivery - Buyers failed to nominate vessel - Whether contract provided for 21 or 60 days extension - Whether carrying charges arose in context of breach - Whether carrying charges a penally - GAFTA 64.

[1980] 1 Lloyd's Rep. 534

PHOTO PRODUCTION LTD. v. SECURICOR TRANSPORT LTD.

Contract - Exemption clause - Securicor patrolman set fire to premises - Whether Securicor liable for damage caused - Whether Securicor entitled to rely on exemption clause.

[1980] 1 Lloyd's Rep. 545

HARKER v. CALEDONIAN INSURANCE CO.

Insurance (Motor) - Limitation of liability - Construction of ordinance - Personal injuries - Motor accident occurred in British Honduras - Whether insurers entitled to limit liability under policy - British Honduras Motor Vehicles Insurance (Third Party Risks) Ordinance, 1958, ss. 4, 20.

[1980] 1 Lloyd's Rep. 556

CIA BARCA DE PANAMA S.A. v. GEORGE WIMPEY & CO. LTD.

Contract - Construction - Parties agreed to terminate joint venture - Mechanics of termination contained in agreement - Defendants agreed compromise without approval of plaintiffs - Whether plaintiffs entitled to immediate payment under terms of agreement. Practice - Discovery - Privileged documents - Whether plaintiffs entitled to discovery of all contracts and documents - Whether defendants entitled to claim that certain documents subject of legal professional privilege.

[1980] 1 Lloyd's Rep. 598

THE "AEGEAN CAPTAIN"

Practice - Collision - Damage to cargo - Service out of jurisdiction - Plaintiffs granted leave to serve notice of writ out of jurisdiction - Whether application to set aside should be granted - R.S.C., O. 75, r. 4.

[1980] 1 Lloyd's Rep. 617

THE "AMERICAN SIOUX"

Admiralty practice - Salvage - Arbitration - Owners put up security but did not claim arbitration - Whether injunction restraining first defendants from enforcing security should be extended - Lloyd's Standard Form of Salvage Agreement.

[1980] 1 Lloyd's Rep. 620

THE "AMERICAN SIOUX" (No. 2)

Admiralty practice - Salvage - Owners put up security but did not claim arbitration within 42 days allowed by salvage agreement - Whether application for extension of time should be granted - Lloyd's Standard Form of Salvage Agreement - Arbitration Act, 1950, s. 27.

[1980] 1 Lloyd's Rep. 623

THE "GEESTLAND"

Salvage - Arbitration - Cargo interests failed to give notice of appeal in time - Appeal arbitrator issued award in favour of salvors - Total sum as between cargo interests and owners not payable in proportion to values of respective properties - Whether arbitrator had misconducted himself - Whether award should be remitted - Lloyd's Standard Form of Salvage Agreement.

[1980] 1 Lloyd's Rep. 628

NITRATE CORPORATION OF CHILE LTD. v. PANSUIZA COMPANIA DE NAVEGACION S.A. (1978 N. No. 732). CHILEAN NITRATE SALES CORPORATION v. MARINE TRANSPORTATION CO. LTD. AND PANSUIZA COMPANIA DE NAVEGACION S.A. (1978 C. No. 2915). MARINE TRANSPORTATION CO. LTD. v. PANSUIZA COMPANIA DE NAVEGACION S.A. (1978 M. No. 2083). (THE "HERMOSA")

Charter-party (Time) - Repudiation - Vessel let to sub-charterers - Vessel in need of substantial repairs - Ways in which contract may be repudiated - Whether time lost through breaches may be added to time lost through other causes when deciding whether contract repudiated - Whether time lost amounted to repudiatory breach - Damages for off-hire - Whether owners' conduct amounted to a renunciatory breach - Whether sub-charterers justified in repudiating charter - New York Produce Exchange form.

[1980] 1 Lloyd's Rep. 638

FUERST DAY LAWSON LTD. v. ORION INSURANCE CO. LTD.

Insurance (Marine) - Sale of goods (c. & f.) - Plaintiffs insured cargo of essential oils in drums with defendants - On discharge drums found to contain water - Whether drums ever contained oil - Whether plaintiffs could claim under policy.

[1980] 1 Lloyd's Rep. 656

PAGNAN AND FRATELLI v. TRADAX OVERSEAS S.A.

Sale of goods (c.i.f.) - Non-acceptance - Notice of appropriation - Buyers rejected notice - Whether sellers entitled to ship by more than one vessel - Whether notice out of time - Whether buyers entitled to reject documents - GAFTA 100.

[1980] 1 Lloyd's Rep. 665