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ISLAMIC INVESTMENT CO. 1 S.A. v. TRANSORIENT SHIPPING LTD. AND ALFRED C. TOEPFER INTERNATIONAL G.m.b.H. (THE “NOUR”)

Charter-party (Time) - Delay - Damage to cargo - Vessel carrying part cargo of fishmeal from Peru to Taiwan - Vessel deviated to load and discharge other fishmeal cargoes - Problems with heating and fires in Peruvian cargo - Damage to cargo and delay in discharge - Whether fishmeal which complied with contractual description would have survived voyage - Whether all cargo self-heating attributable to charterers’ breach - Whether time charterers entitled to be indemnified by voyage charterers - Whether unreasonable delay in obtaining release of vessel from arrest. Charter-party (Time) - Off-hire - Delay - Damage to cargo-vessel carrying part cargo of fishmeal from Peru to Taiwan - Vessel deviated to load and discharge the fishmeal cargo - Problems with heating and fires in Peruvian cargo - Damage to cargo and delay in discharge - Charterers withheld hire for period voyage extended by reason of problems with Peruvian cargo - Whether vessel off hire.

[1999] 1 Lloyd's Rep. 1

TRASIMEX HOLDING S.A. v. ADDAX B.V. (THE “RED SEA”)

Sale of goods (c.i.f.) - Contract - Construction - British jet aviation fuel specification - Whether jet fuel within specification - Whether “user” referred to the buyers - Whether sellers in breach of contract.

[1999] 1 Lloyd's Rep. 28

SEACONSAR FAR EAST LTD. v. BANK MARKAZI JOMHOURI ISLAMI IRAN

Banking - Letter of credit - Rejection of documents - Two shipments in respect of special equipment - In each case documents presented for payment - Bank rejected documents for discrepancies - Plaintiffs claimed for wrongful failure to honour the credit - Whether art. 16 of the Uniform Customs and Practice for Documentary Credits complied with.

[1999] 1 Lloyd's Rep. 36

THE “SPIRIT OF INDEPENDENCE” (FORMERLY KNOWN AS “CARIBIA VIVA”)

Admiralty practice - Arrest - Security - French law of arrest - Vessel on demise charter - Repairs to vessel carried out by defendant yard - Charter cancelled for non-payment of hire - Charterers called in receivers - Yard arrested vessel in France - Whether owners liable for debts to yard incurred by charterers - Whether owners required to provide unconditional security for release of vessel.

[1999] 1 Lloyd's Rep. 43

AZOV SHIPPING CO. v. BALTIC SHIPPING CO.

Arbitration - Award - Challenge - Agreement entered into by former Soviet shipping companies to deal with question of containers - Dispute referred to arbitration - Applicant alleged it was not party to agreement and challenged award as to jurisdiction of arbitrator to hear case - Whether hearing in Court should be a full hearing - Arbitration Act, 1996, s. 67.

[1999] 1 Lloyd's Rep. 68

SHELL INTERNATIONAL PETROLEUM CO. LTD. v. CORAL OIL CO. LTD.

Contract - Construction - Anti-suit injunction - Agreements entered into between plaintiffs and defendants for supply of oils and technical assistance in Lebanon and Middle East - Agreements contained exclusive jurisdiction and arbitration clauses - Plaintiffs terminated agreements - Defendants disputed termination and threatened proceedings in Lebanon - Plaintiffs applied for injunction restraining defendants from pursuing proceedings against them in Lebanon - Effect of exclusive jurisdiction and arbitration clauses and art. 4 of Decree Law No. 34 of Lebanon - Whether injunction should be granted.

[1999] 1 Lloyd's Rep. 72

DOMICREST LTD. v. SWISS BANK CORPORATION

Banking - Jurisdiction - Claim in contract and tort - English plaintiff sold goods to Swiss customer - Plaintiff alleged defendant bank guaranteed Swiss customer’s payment obligation - Non-payment by customer - Action brought in England - Bank challenged jurisdiction in England - Whether England place of performance of payment obligation and where harmful event occurred - Whether action should be brought in Switzerland - Civil Jurisdiction and Judgments Act, 1982, s. 3A, Schedule, arts. 5.1, 3.

[1999] 1 Lloyd's Rep. 80

THE WEST OF ENGLAND SHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) v. HELLENIC INDUSTRIAL DEVELOPMENT BANK S.A. AND OTHERS

Insurance (P.&I.) - Calls - Express actual authority - Implied authority - Managers entered bank as member of P.&I. club - Club made calls on bank - Whether managers had express actual or implied authority to enter bank as member - Whether bank bound by arbitration agreement in club rules - Whether arbitrator should be appointed.

[1999] 1 Lloyd's Rep. 93

NLA GROUP LTD. v. BOWERS

Insurance (Lloyd’s slip policy) - Construction - Profit share commission - Profit share commission only payable on profits of the 1994 business “subject to renewal with the Lloyd’s market” - 1995 cover placed with other underwriters - Whether 1995 placement constituted renewal with the Lloyd’s market - Whether plaintiff entitled to receive profit share commission.

[1999] 1 Lloyd's Rep. 109

NLA GROUP LTD. v. BOWERS

Admiralty and Commercial Registry - Time for setting down action and lodging documents and skeleton arguments - R.S.C., O. 34, r. 3(1).

[1999] 1 Lloyd's Rep. 114

C. ITOH & CO. LTD. AND OTHERS v. COMPANHIA DE NAVEGAÇAO LLOYD BRASILEIRO AND STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. SAME v. REPUBLICA FEDERATIVA DO BRASIL (THE “RIO ASSU”) (No. 2)

Carriage by sea - Letter of undertaking - Construction - Damage to cargo - Cargo-owners claimed against demise charterers - P. & I. club gave letter of undertaking - Demise charterers ceased to exist - Government or state of Brazil succeeded to rights and obligations of demise charterers - Whether club’s letter of undertaking extended to cover sums as might be adjudicated recoverable from state.

[1999] 1 Lloyd's Rep. 115

GLOBAL CONTAINER LINES LTD. v. STATE BLACK SEA SHIPPING CO. AMBER SEATRADE S.A. AND CLIFTON NAVIGATION S.A.

Sale of ship - Contract - Validity - Agreement for sale of former U.S.S.R. RoRo 60 vessels giving plaintiffs exclusive selling rights - Whether first defendants’ president had actual or ostensible authority to enter into agreements on behalf of second and third defendants - Whether agreement ratified - Whether legally binding - Whether contracts repudiated for non-performance - Whether injunction restraining third defendants from selling or offering to sell vessel to any party other than plaintiff should be discharged.

[1999] 1 Lloyd's Rep. 127

REFCO INC. AND ANOTHER v. EASTERN TRADING CO. AND OTHERS

Practice - Mareva injunction - Interim relief - Application to discharge - Dispute relating to foreign exchange transactions - Merits of dispute before U.S. Court - Plaintiffs obtained Mareva injunction - Whether injunction should be discharged - Civil Jurisdiction and Judgments Act, 1982 (Interim Relief) Order, 1997.

[1999] 1 Lloyd's Rep. 159

OCEANFOCUS SHIPPING LTD. v. HYUNDAI MERCHANT MARINE CO. LTD. (THE “HAWK”)

Charter-party (Time) - Inter-Club agreement - Condition precedent - Carriage of goods from Far East and U.S.A. - Bills of lading issued by charterers - Cargo interests’ claims settled by charterers - Charterers claimed to be indemnified by owners under inter-club agreement - Owners argued mate’s receipts not produced for some claims and bills of lading not signed in accordance with mate’s receipts - Whether a condition precedent to recovery under inter-club agreement that bill of lading must have been authorized by charter-party.

[1999] 1 Lloyd's Rep. 176

Before Mr. Justice Tuckey

Bill of lading - Issue estoppel - Validity - Voyage charterers shipped cargo of rice to Lomé - Time charterers failed to pay hire - Voyage charterers cancelled first set of bills of lading and reissued second set - Court in Lomé upheld validity of second set - Whether voyage charterers could rely on issue estoppel against head owners’ claim that second set invalid. Bill of lading - Validity - Contractual issues - Voyage charterers shipped cargo of rice to Lomé - Time charterers failed to pay hire - Voyage charterers cancelled first set of bills of lading and issued second set - Whether validity of second bills depended on obtaining owners’ authority - Whether head owners or time charterers’ approval required - Whether if second set of bills of lading invalid voyage charterers could rely on first.

[1999] 1 Lloyd's Rep. 189

ASCOT COMMODITIES N.V. v. NORTHERN PACIFIC SHIPPING (THE “IRINI A”)

Bill of lading - Anti-suit injunction - Arrest of vessel in Lomé - Voyage charterers shipped cargo of rice to Togo - Time charterers failed to pay hire - Voyage charterers obtained order compelling owners to discharge cargo in Lomé - Vessel arrested and proceedings begun in Togo - Whether owners entitled to an anti-suit injunction restraining proceedings by plaintiffs in Togo.

[1999] 1 Lloyd's Rep. 196

SEAWIND TANKERS CORPORATION v. BAYOIL S.A.

Arbitration - Award - Non-payment - Winding-up petition - Dispute under charter-party referred to arbitration - Award in favour of petitioner - Non-payment by respondent - Petition to wind-up respondent - Respondent alleged it had a genuine and serious cross-claim which it had been unable to litigate in an amount exceeding amount of petitioner’s debt - Whether winding-up order should be discharged.

[1999] 1 Lloyd's Rep. 211

THE “VISURGIS”

Charter-party (Voyage) - Exemption clause - Loss of cargo - Plaintiffs’ crane carried partly on deck - Vessel encountered heavy weather and part of the cargo on deck fell overboard - Plaintiffs claimed damages - Whether defendants responsible for loss - Whether defendant could rely on exemption clause.

[1999] 1 Lloyd's Rep. 218

CHARLES M. WILLIE & CO. (SHIPPING) LTD. v. OCEAN LASER SHIPPING LTD. GEORGE ROUSSOS SONS S.A. AND OCEAN LASER SHIPPING LTD. v. CHARLES M. WILLIE & CO. (SHIPPING) LTD. (THE “SMARO”)

Arbitration - Arbitrators - Jurisdiction - Sale of ship - Dispute under memorandum of agreement referred to arbitration - Buyers and sellers appointed arbitrators - Buyers purported to extend arbitrator’s appointment to cover claims by ultimate buyer - Whether ultimate buyer had commenced arbitration against sellers and when - Whether ultimate buyers could join existing arbitration - Arbitrators gave leave to buyers to amend pleadings - Whether arbitrators entitled to change their minds about amendment to buyers’ pleadings.

[1999] 1 Lloyd's Rep. 225

GALAXY ENERGY INTERNATIONAL LTD. AND CORONA TRADING ASSOCIATES S.A. v. ASSURANCEFORENINGEN SKULD (EJENSIDIE) (THE “OAKWELL”)

Insurance (P.&I.) - Undertaking - Construction - Carriage of cargo from Odessa to Beirut - Cargo rejected for contamination - P.&I. club gave letter of undertaking - Shipowners sold vessel for scrap - Writs in rem and personam issued - Club alleged vessel not owned by shipowners at time writ in rem issued and writ invalid - Whether club obliged to accept service of writ in rem at suit of bill of lading holders - Title to sue.

[1999] 1 Lloyd's Rep. 249

COGGINS T/A PC TRANSPORT v. LKW WALTER INTERNATIONAL TRANSPORTORGANISATION A.G.

Carriage by road - CMR - Successive carriers - Consignment note - Plaintiff sub-contracted carriage - Driver found in possession of drugs and vessel and consignment impounded - Whether plaintiff successive carriers - Whether acceptance by plaintiff of consignment note - CMR, arts. 34, 37.

[1999] 1 Lloyd's Rep. 255

ARAB BANK PLC. v. ZURICH INSURANCE CO. BANQUE BRUXELLES LAMBERT S.A. v. ZURICH INSURANCE CO. AND HAYDEN

Insurance (Professional Indemnity) - Liability - Fraudulent valuations - Director of estate agents issued fraudulent valuations in company’s name - Plaintiffs obtained judgment against estate agents for negligent valuations - Estate agents in liquidation - Plaintiffs claimed against estate agents’ professional indemnity insurers - Whether dishonest mind and knowledge of director to be imputed to estate agents -Whether insurers liable to plaintiffs.

[1999] 1 Lloyd's Rep. 262

GLOBAL CONTAINER LINES LTD. v. BONYAD SHIPPING CO.

Practice - Writ - Substitution - Actions between plaintiffs and defendants - Bahamian plaintiffs merged with Delaware company which was to be surviving corporation - Whether plaintiffs continued to exist for purposes of actions - Whether Bahamian plaintiffs lost complete existence by reason of merger under Bahamian and/or Delaware law - Whether it was possible to substitute surviving corporation for Bahamian plaintiffs - R.S.C., O. 15, r. 7.

[1999] 1 Lloyd's Rep. 287

ERIDANIA S.p.A. AND OTHERS v. RUDOLF A. OETKER AND OTHERS (THE “FJORD WIND”)

Charter-party (Voyage) - Bill of lading - Unseaworthiness - Due diligence - Carriage of soya beans in bulk from Argentina to Europe - Failure of main engine - Defendants declared voyage frustrated - Cargo transhipped - Whether vessel seaworthy - Whether defendants exercised due diligence - Whether defendants in breach for wrongfully abandoning voyage - Title to sue.

[1999] 1 Lloyd's Rep. 307

TSAVLIRIS SALVAGE (INTERNATIONAL) LTD. v. GUANGDONG SHANTOU OVERSEAS CHINESE MATERIALS MARKETING CO. AND ANOTHER GUANGDONG SHANTOU OVERSEAS CHINESE MATERIALS MARKETING CO. AND ANOTHER v. TSAVLIRIS SALVAGE (INTERNATIONAL) LTD. GUANGDONG SHANTOU OVERSEAS CHINESE MATERIALS MARKETING CO. AND ANOTHER v. TSAVLIRIS SALVAGE (INTERNATIONAL) LTD. AND SUNKISSED MARINE CO. LTD. (THE “PA MAR”)

Salvage - Agreement - Cargo-owners - Carriage of goods from Tuapse in Black Sea to China - Vessel encountered problems with generators - Salvors took vessel in tow pursuant to LOF - LOF subsequently varied - Salvors claimed remuneration from owners of ship and cargo - Claim against shipowners settled - Whether cargo-owners bound by LOF entered into on their behalf - Whether necessary to take salvage assistance - Whether master acted reasonably in entering into contract - Whether cargo-owners bound by LOF either in its original form or as varied.

[1999] 1 Lloyd's Rep. 338

LUKOIL-KALINGRADMORNEFT PLC v. TATA LTD. AND GLOBAL MARINE TRANSPORTATION INC.

Towage agreement - Lien - Authority - Actual or ostensible - Agreement for towage of vessels from Canada to India - Instalments of towage price not paid and agreement terminated - Vessels arrived and arrested in Namibia - Whether second defendants had actual or ostensible authority to enter into towage agreement on first defendants’ behalf - Whether plaintiff tug owners entitled to exercise lien on vessels - Whether plaintiffs entitled to exercise an enrichment lien under Namibian law - Quantum.

[1999] 1 Lloyd's Rep. 365

GRAY v. STEAD

Damages - Safety at sea - Personal injury - Duty of care - Wearing of life jacket - Fisherman not wearing a life jacket and on watch on deck alone - Fisherman’s body found in sea - Whether fisherman should have been furnished with single chamber inflatable life jacket and instructed to wear it whenever alone on deck - Whether defendant employers failed to exercise reasonable care.

[1999] 1 Lloyd's Rep. 377

DEEPAK FERTILISERS AND PETROCHEMICALS CORPORATION v. ICI CHEMICALS & POLYMERS LTD. AND OTHERS

Contract - Limitation of liability - Breach of collateral warranties - Contract for construction of methanol plant in India - Letter of acceptance given despite high temperatures of methanol converter - Methanol converter exploded - Whether letter of acceptance released defendants from all obligations and liability - Extent of protection given by clauses in plant contract - Whether liability in respect of negligent misrepresentations or collateral warranties excluded - Whether defendants’ liability limited under contract - Effect of reliance on Indian law.

[1999] 1 Lloyd's Rep. 387

RAIFFEISEN ZENTRALBANK OSTERREICH AKTIENGESELLSCHAFT v. NATIONAL BANK OF GREECE S.A.

Shipbuilding contract - Jurisdiction - Breach - Negligent misrepresentation - Contract for construction of cruise liner - Loan agreement - Default in loan agreement - Plaintiffs alleged negligent misrepresentation and breach of contract - Whether contractual obligations to be performed in England - Whether harmful event occurred in England - Whether Court had jurisdiction to hear claim - Civil Jurisdiction and Judgment Act, 1982, Schedule, arts. 5.1, 5.3.

[1999] 1 Lloyd's Rep. 408

DUBAI ALUMINIUM CO. LTD. v. SALAAM AND OTHERS AND LIVINGSTON AND OTHERS (THIRD PARTIES)

Contract - Commission - Breach of fiduciary duty - Contribution proceedings - Consultancy agreement between plaintiffs and second third party - Plaintiffs sought to recover payments disbursed in commission and other like payments under agreement - Plaintiffs alleged defendants and third parties knowingly and dishonestly received funds and or assisted in a breach of fiduciary duty - Contribution claims between defendants and third parties - Whether vicarious liability imposed by Partnership Act, 1890, s. 10 applied where partner liable as a constructive trustee for conducting himself as an accessory to a breach of trust.

[1999] 1 Lloyd's Rep. 415

DUBAI ALUMINIUM CO. LTD. v. AL ALAWI AND OTHERS

Practice - Discovery - Legal professional privilege - Plaintiffs claimed damages for moneys had and received, breach of contract of employment and secret commission - Defendant alleged plaintiffs employed agent to investigate defendant’s finances and assets - Defendant sought discovery of reports and documents relating to such investigation - Whether documents part of or relevant to criminal or fraudulent acts or purposes or acts which were otherwise iniquitous - Whether legal professional privilege attached to documents - Whether defendant entitled to disclosure.

[1999] 1 Lloyd's Rep. 478

NORTH SEA ENERGY HOLDINGS N.V. v. PETROLEUM AUTHORITY OF THAILAND

Contract - Supply agreement - Side letter - Construction - Agreement for supply of crude oil - Side letter agreed to provide confirmation - Obligations required to be performed prior to confirmation - Defendants repudiated agreement - Whether in breach - Whether plaintiffs entitled to damages based on third party offer - Whether plaintiffs could claim damages on loss of profit basis.

[1999] 1 Lloyd's Rep. 483

RAFLATAC LTD. v. EADE AND OTHERS

Contract - Breach - Contributory negligence - First defendant sub-contracted sprinkler work for plaintiffs to second defendants - Second defendants failed to shut off water supply causing damage to plaintiffs’ property - Whether plaintiffs contributorily negligent - Whether first defendant owed parallel duty of care in tort in respect of conduct of contract works.

[1999] 1 Lloyd's Rep. 506

JAMESON AND ANOTHER v CENTRAL ELECTRICITY GENERATING BOARD AND OTHERS

Damages - Personal injury - Double recovery - Employee developed systems of malignant mesothelioma - Employee sued only one of two or more tortfeasors - Claim settled in full and final satisfaction of all causes of action - Employee died - Alleged shortfall between settlement moneys and full value of claim - Whether damages could be recovered from other tortfeasors - Whether effect of settlement to discharge liability of other tortfeasors - Whether effect of settlement suspended until settlement performed by payment to injured party.

[1999] 1 Lloyd's Rep. 573

THE “ELPIS”

Admiralty practice - Writ - Additional plaintiffs - Letter of undertaking - Construction - Cargo claim for shortage andor contamination - Vessel arrested - Undertaking given - Whether expression “owners of cargo” in letter of undertaking included third party - Whether third party could be added as plaintiff to writ.

[1999] 1 Lloyd's Rep. 606

FETIM B.V. AND OTHERS v. OCEANSPEED SHIPPING LTD. (THE “FLECHA”)

Bills of lading - Construction - Owners’ or charterers’ bills - Jurisdiction - Carriage of goods from Indonesia and Malaysia to United Kingdom and Continent - Whether bills of lading owners’ or charterers’ bills - Whether bills of lading evidenced contract between charterers and shipowners - Whether application to set aside order giving leave to serve out of jurisdiction should be granted.

[1999] 1 Lloyd's Rep. 612

HUYTON SA. v. PETER CREMER G.m.b.H. & Co.

Sale of goods (f.o.b.) - Agreement - Validity - Sellers sold wheat to buyers - Payment to be cash against listed documents - Demurrage incurred at loading port - Shipping documents rejected for not conforming - Buyers agreed to pay for goods if sellers dropped demands to arbitrate demurrage and bank guarantee expenses claim - Sellers accepted payment - Whether agreement binding - Whether made under duress - Whether buyers entitled to declaratory and injunctive relief preventing sellers pursuing claims in arbitration.

[1999] 1 Lloyd's Rep. 620

THE “ENIF” AND “ALEXIA”

Collision - Liability - Crossing vessels - Collision in approaches to South West Pass of Mississippi river - Relative approaches of vessels - Questions of fault - Apportionment of liability.

[1999] 1 Lloyd's Rep. 643

UBC CHARTERING LTD. v. LIEPAYA SHIPPING CO. LTD. (THE “LIEPAYA”)

Charter-party (Time) - Cargo contamination - Rejection - Vessel twice rejected for loading of caustic soda - Vessel missed laydays and sub-charter cancelled - Vessel redelivered on one day’s notice of redelivery - Loadings of first foot of caustic soda demonstrated contamination by palm oil - Mechanism by which palm oil emerged into caustic soda - Whether vessel unseaworthy - Quantum in respect of redelivery and failure to mitigate.

[1999] 1 Lloyd's Rep. 649

ENVIRONMENT AGENCY v. MILFORD HAVEN PORT AUTHORITY AND ANDREWS (THE “SEA EMPRESS”)

Pilotage - Negligent navigation - Oil pollution - Penalty - Compulsory pilotage in Milford Haven - Tanker inward bound - Tanker struck rocks and shortly after grounded - Escape of oil - Casualty attributable to negligent navigation by pilot - Port authority pleaded guilty to causing pollution - Assessment of appropriate penalty - Water Resources Act, 1991, s. 85(1).

[1999] 1 Lloyd's Rep. 673

PHOENIX MARINE INC.v. CHINA OCEAN SHIPPING CO. AND ANOTHER

Practice - Sale of ship - Existence of plaintiff - Plaintiff agreed to sell vessel to defendant - Plaintiff alleged defendant repudiated contract and claimed damages - Defendant claimed plaintiff had ceased to exist - Whether plaintiff continued in existence for purposes of carrying on proceedings begun before its dissolution.

[1999] 1 Lloyd's Rep. 682

GENERAL FEEDS INC. PANAMA v. SLOBODNA PLOVIDBA YUGOSLAVIA

Arbitration - Award - Charter-party - Dispute under charter referred to arbitration - Owners settled cargo interests’ claim and claimed against charterers - Arbitrators held charterers in breach of contractual description obligations under charter and heating of cargo caused by that breach - Whether settlement reasonably entered into - Whether owners caused own loss by entering into settlement - Principles applied by arbitrators.

[1999] 1 Lloyd's Rep. 688

TRIFFIT NURSERIES AND OTHERS v. SALADS ETCETERA LTD. AND OTHERS

Agency - Termination - Administrative receivership - First defendant acted as agent for growers, marketing and distributing growers’ produce - First defendant went into administrative receivership - Whether agency terminated.

[1999] 1 Lloyd's Rep. 697

ZEUS TRADITION MARINE LTD. v. BELL (THE “ZEUS V”)

Insurance (Marine) - Total loss - Policy condition - Construction - Insured yacht caught fire and became total loss - Underwriters denied liability -Steps relating to carrying out of survey to be taken by assured prior to vessel being brought into commission - Substance of survey required to be procured - Effect of non-compliance with requirements of condition - Non-disclosure of material fact.

[1999] 1 Lloyd's Rep. 703

BEM DIS A TURK TICARET S/A TR v. INTERNATIONAL AGRI TRADE CO. LTD. (THE “SELDA”)

Sale of goods (C. & F. F.O.) - Default clause - Construction - Measure of damages - Buyers failed to obtain permit for importation of tapioca into Turkey - Dispute referred to arbitration - Sellers awarded sum paid in respect of cancellation of charter - Whether damages recoverable at common law - Whether damages excluded by terms of default clause.

[1999] 1 Lloyd's Rep. 729

COOPER v. P & O STENA LINE LTD.

Damages - Personal injury - Quantum - Plaintiff suffered injuries in course of employment - Employers alleged plaintiff fraudulent - Extent of pain, suffering and disability - Quantum - Costs.

[1999] 1 Lloyd's Rep. 734

STANDARD CHARTERED BANK v. PAKISTAN NATIONAL SHIPPING CORPORATION AND OTHERS (No. 3)

Bill of lading - Assessment of damages - Deceit - Conspiracy - Ante-dated bills of lading - Plaintiffs induced to make payment under deception that shipment had been within period stipulated in letter of credit - Plaintiffs claimed difference between payment made and amount received for sale of cargo - Date for assessment of damages - Allegations of failure to mitigate loss.

[1999] 1 Lloyd's Rep. 747

CREDIT SUISSE FIRST BOSTON (EUROPE) LTD. v. MLC (BERMUDA) LTD. (formerly MLC EMERGING MARKETS LTD.)

Practice - Jurisdiction clause - Anti-suit injunction - Purchase of Russian bonds from plaintiffs - Purchase agreement contained English jurisdiction clause - Dispute between plaintiffs and defendants - Defendants commenced proceedings in America - Whether clause an exclusive jurisdiction clause - Scope of clause - Whether clause restrained defendants from bringing proceedings in America - Whether anti-suit injunction should be granted - Whether English action should be stayed.

[1999] 1 Lloyd's Rep. 767

CREDIT SUISSE FIRST BOSTON (EUROPE) LTD. v. SEAGATE TRADING CO. LTD.

Practice - Jurisdiction clause - Anti-suit injunction - Trade confirmation agreement contained exclusive English jurisdiction clause - Defendants alleged agreement void ab initio or avoided for fraud - Whether exclusive jurisdiction clause applicable - Action brought in U.S. Court - Standstill Agreement negotiated by parties’ Californian lawyers - Whether defendants party to agreement - Plaintiff brought action in England - Ratification by defendants in U.S. action - Whether ratification in breach of ex parte injunction granted by English Court - Whether English action in breach of Standstill Agreement - Whether anti-suit injunction should be granted.

[1999] 1 Lloyd's Rep. 784

KUWAIT AIRWAYS CORPORATION AND ANOTHER v. KUWAIT INSURANCE CO. S.A.K. AND OTHERS

Insurance (Aviation) - War-risks - Allied perils - Iraq invaded Kuwait - Iraq removed Kuwaiti aircraft and spares - Plaintiffs claimed under insurance - Maximum sum insured in respect of ground risks U.S.$300 m. - Whether ground limit qualified by “any one occurrence any one location” - Whether maximum ground limit included spares - Whether loss of aircraft constituted “any one occurrence” - Perils by which aircraft and spares lost - Whether spares covered under war risks policy - Whether spares lost from one or more locations - Issues as to sue and labour and subrogation.

[1999] 1 Lloyd's Rep. 803

THE “IRAN ABAD” AND “MERAWI”

Collision - Liability - Following vessels - Collision in Great Bitter Lake in Suez Canal - Vessels part of southbound convoy in canal - Reliability of bell book - Faults of vessels - Liability for collision - Apportionment.

[1999] 1 Lloyd's Rep. 818

THE “EVER SUCCESS”

Admiralty practice - Action in rem - Maritime lien - Plaintiffs claimed wages - Whether plaintiffs had maritime lien against vessel for wages - Whether plaintiffs on board without owners’ consent - Relevance of contract of employment - Relationship of plaintiffs to vessel.

[1999] 1 Lloyd's Rep. 824

EGMATRA A.G. v. MARCO TRADING CORPORATION

Arbitration - Award - Leave to appeal - Contract for sale of aluminium blocks - Arbitrators concluded contract required blocks to be delivered with 97 per cent. aluminium content and goods rejected in time - Whether arbitrators failed to apply arts. 38 and 39 of Vienna Convention - Whether serious irregularity in conduct of arbitration - Arbitration Act, 1996, ss. 68, 69.

[1999] 1 Lloyd's Rep. 862

TRANSOCEAN LINERS REEDEREI G.m.b.H. v. EUXINE SHIPPING CO. LTD. (THE “IMVROS”)

Charter-party (Time) - Unseaworthiness - Safe loading - Responsibility - Loading and stowage of timber above and below deck under directions of charterers’ super cargo - Lashing of cargo performed by crew - Vessel encountered heavy weather - Part deck cargo lost and vessel damaged - Whether responsibility for proper loading and lashing lay with charterers - Whether vessel seaworthy - Whether owners entitled to indemnity for cargo claims.

[1999] 1 Lloyd's Rep. 848

PETROLEOS DE PORTUGAL AND PETROGAL S.A. v. BP OIL INTERNATIONAL LTD.

Arbitration - Award - Remission - Procedural mishap - Contracts for processing of crude oil - Dispute referred to arbitration - Arbitrators found in favour of defendants - Whether arbitrators had misunderstood or mischaracterized issue - Whether award should be remitted for procedural mishap.

[1999] 1 Lloyd's Rep. 854

GULF INTERSTATE OIL CORPORATION LLC. AND THE CORAL OIL CO. LTD. v. ANT TRADE & TRANSPORT LTD. OF MALTA (THE “GIOVANNA”)

Practice - Mareva injunction - Disclosure - Vessel in course of discharging cargo of gasoil when damaged by fire - Allegation that cargo leaked from open valve into harbour and ignited by heat of engine of passing fishing vessel - Plaintiffs claimed damages in respect of cargo and obtained Mareva injunction - Whether plaintiffs made full and frank disclosure regarding title to sue and availability of P & I club security - Whether injunction should be discharged.

[1999] 1 Lloyd's Rep. 867

MANATEE TOWING CO. AND COASTAL TUG & BARGE INC. v. OCEANBULK MARITIME S.A. AND LAURA MARITIME INC. OCEANBULK MARITIME S.A. AND LAURA MARITIME INC. v. MANATEE TOWING CO. COASTAL TUG & BARGE INC. AND McQUILLING BROKERAGE PARTNERS INC. MANATEE TOWING CO. AND COASTAL TUG & BARGE INC. v. McQUILLING BROKERAGE PARTNERS INC.

Practice - Discovery - Jurisdiction - Negotiations for sale of tanker conducted with help of plaintiffs’ brokers - Dispute as to whether contract of sale resulted - Defendants counterclaimed against brokers - Brokers applied for discovery from plaintiffs of documents relating to vessel’s condition at time of alleged sale - Whether Court had jurisdiction to order such discovery against plaintiffs at the behest of the brokers.

[1999] 1 Lloyd's Rep. 876

THE “HAMTUN” AND “ST. JOHN”

Salvage - Remuneration - Salvage services - Vessel at lay up berth in Southampton water - In high winds stern mooring wire of vessel parted - Tug rendered salvage services - Whether there existed a danger to the vessel and need for salvage services - Proper level of salvage remuneration payable to tug.

[1999] 1 Lloyd's Rep. 883

NIPPON YUSEN KAISHA LTD. v. SCINDIA STEAM NAVIGATION CO. LTD. (THE “JALAGOURI”)

Charter-party (Time) - Delay - Detention - Off-hire - Damage to cargo by ingress of seawater - Vessel ordered off her discharging berth until security put up for costs of storing and removing damaged cargo from the port area - Whether owners or charterers to put up security - Whether vessel delayed or detained - Whether vessel off hire pending provision of security - Whether delay occasioned by act, omission or default by charterers.

[1999] 1 Lloyd's Rep. 903

SOULES CAF v. P.T. TRANSAP OF INDONESIA

Sale of goods (c.i.f.) - Repudiation - Discrepant documents - Contracts for sale and purchase of tapioca chips - Sellers declared buyers in default for failing to declare discharge port - Buyers alleged documents discrepant - Whether documents discrepant - Whether discrepancies could be cured by offer by sellers of guarantee.

[1999] 1 Lloyd's Rep. 917

AL MIDANI AND ANOTHER v. AL MIDANI AND OTHERS

Practice - Enforcement - Judgment of Shari’a Council - Dispute between beneficiaries of estate - Heirs entered into arbitration agreement - Dispute referred to Shari’a Council - Plaintiffs protested its jurisdiction - Council rendered judgment on merits - Whether judgment enforceable - Whether judgment an arbitration award - Whether judgment should be set aside.

[1999] 1 Lloyd's Rep. 923

IN RE Q’s ESTATE

Practice - Mareva injunction - Jurisdiction - Arbitration clause - Daughter entered into retainer agreement with lawyers in relation to claim to share in father’s estate - Retainer agreement contained arbitration clause - Claim successful - Lawyers obtained Mareva injunction - Whether Court had jurisdiction to grant injunction because parties had agreed all disputes to be within exclusive jurisdiction of arbitration tribunal - Arbitration Act, 1996, s. 44.

[1999] 1 Lloyd's Rep. 931

THE “THOR SCAN”

Practice - Exclusive jurisdiction clause - Stay of action - Principal place of business -Contract for fabrication and delivery of steelwork to Hong Kong - Dispute under contract - Plaintiffs brought action in Hong Kong - Defendants started proceedings in Amsterdam and Rotterdam - Amsterdam Court ruled defendants’ place of business Netherland Antilles - Whether defendants could invoke jurisdiction clause to stay action in favour of Antilles - Whether action in Hong Kong should be stayed.

[1999] 1 Lloyd's Rep. 940