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MAMIDOIL-JETOIL GREEK PETROLEUM COMPANY S.A. AND ANOTHER v. OKTA CRUDE OIL REFINERY A.D.

Contract - Construction - Manipulation of crude oil - Whether defendants’ failure to perform 1993 contract attributable to government request not to perform contract with claimants - Whether 1993 contract binding on defendants and its privies - Whether claimants entitled to injunction restraining defendants from proceeding with action in the Macedonian Court.

[2003] 1 Lloyd's Rep. 1

MAMIDOIL-JETOIL GREEK PETROLEUM COMPANY S.A. AND ANOTHER v. OKTA CRUDE OIL REFINERY A.D. [2002] EWHC 2462 (Comm)

Practice - Costs - Interest - Breach of contract - Rate of interest payable - Whether interest payable on any part of judgment debt on which tax payable - Basis on which costs awarded - Dates when interest should run - Appropriate rate of interest - Whether interest payable on part of damages on which tax payable - Effect of offer to settle - Whether leave to appeal should be granted.

[2003] 1 Lloyd's Rep. 42

AMIRI FLIGHT AUTHORITY v. BAE SYSTEMS PLC AND ANOTHER

Carriage by air - Exclusion clause - Indemnity - Contract for service of aircraft - Aircraft developed corrosion - Whether defendants could rely on exclusion clause - Whether s.26 of the Unfair Contract Terms Act, 1977 applicable to the exclusion clause.

[2003] 1 Lloyd's Rep. 50

DUBAI ALUMINIUM CO. LTD. v. SALAAM AND OTHERS [2002] UKHL 48

Contract - Contribution proceedings - Vicarious liability - 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.

[2003] 1 Lloyd's Rep. 65

THE “DAVID AGMASHENEBELI” [2002] EWHC 104 (Admlty)

Bill of lading - Clean bill - Title to sue - Berthing delay - Cargo of urea loaded - Master signed claused bill - Whether state and condition of cargo justified claused bill - Whether claimants had title to sue - Whether master justified in refusing to take vessel into discharging berth - Carriage of Goods by Sea Act, 1992 s. 2.

[2003] 1 Lloyd's Rep. 92

TRITON NAVIGATION LTD. v. VITOL S.A. (THE “NIKMARY”) [2003] EWHC 46 (Comm)

Charter-party (Voyage) - Demurrage - Delay - Laytime - Vessel gave notice of readiness to load - Tanks unfit for loading - Vessel delayed in entering berth while tanks cleaned and waiting for cargo - Whether time spent waiting to count as laytime - Vessel deviated - Whether cost of diesel oil included in demurrage rate - Whether charterers liable for demurrage at discharging port.

[2003] 1 Lloyd's Rep. 151

MOORE LARGE & CO. LTD. v. HERMES CREDIT AND GUARANTEE PLC (Sued as CREDIT AND GUARANTEE INSURANCE CO. PLC) [2003] EWHC 26 (Comm)

Insurance (Credit) - Limitation of liability - Construction - Non-disclosure - Affirmation - Endorsement of increased credit limit - Claimant’s customer insolvent - Whether insurers liable for higher limit - Whether insurers affirmed endorsement 9 - Whether insured failed to disclose material facts - Whether insurers entitled to avoid endorsement 9.

[2003] 1 Lloyd's Rep. 163

THE “STAR MARIA” [2002] EWHC 1423 (Admlty.)

Salvage - Remuneration - Assessment of award - Defendants’ vessel in collision about six miles south east of Dover - Claimants rendered salvage assistance - Whether claimants entitled to salvage award - Assessment of salvage award.

[2003] 1 Lloyd's Rep. 183

MARGOLLE AND ANOTHER v. DELTA MARITIME CO. LTD. AND OTHERS (THE “SAINT JACQUES II” AND “GUDERMES”) [2002] EWHC 2452 (Admlty.)

Collision - Limitation of Liability - Summary judgment - Conduct barring limitation - Collision in English Channel - Claimants commenced limitation proceedings - First defendants challenged right to limit alleging collision caused by personal act or omission of claimants committed recklessly - Whether claimants right to limit could be defeated - Whether claimants entitled to summary judgment.

[2003] 1 Lloyd's Rep. 203

CMA CGM S.A. v. BETEILIGUNGS-KOMMANDITGESELLSCHAFT MS “NORTHERN PIONEER” SCHIFFAHRTSGESELLSCHAFT m.b.H & CO. AND OTHERS [2002] EWCA Civ 1878

Arbitration - Award - Permission to appeal - War cancellation clause in charter - War in Kosovo - Charterers cancelled charters - Arbitrators held cancellation invalid - Judge refused leave to appeal against award - Whether correct principles applied - Leave to appeal against refusal of leave to appeal against award granted - Whether correct principles applied - Arbitration Act, 1996, s. 69.

[2003] 1 Lloyd's Rep. 212

EAST WEST CORPORATION v. DKBS 1912 AND AKTS SVENDBORG UTANIKO LTD. v. P.&O. NEDLLOYD B.V. [2003] EWCA Civ. 83

Bill of lading - Title to sue - Delivery obligations - Exceptions in bill of lading - Carriage of goods from Hong Kong to Chile - Goods delivered without presentation of bills of lading - Claimants claimed against defendants - Whether claimants had title to sue - Whether obligation to deliver governed by English law - Whether law of Chile relevant to delivery obligation - Whether exceptions clauses in bill of lading applicable - Whether defendants negligent in delivering goods without production of bills of lading - Carriage of Goods by Sea Act, 1992.

[2003] 1 Lloyd's Rep. 239

KASTOR NAVIGATION CO. LTD. AND ANOTHER v. AGF MAT AND OTHERS [2002] EWHC 2601 (Comm)

Insurance (Marine) - Constructive total loss - Actual total loss - Fire discovered at purifier level in engine room - Vessel sank - Owners claimed for a CTL caused by fire and/or explosion - Whether vessel sank other than by reason of fire - Whether claim for CTL maintainable - Whether vessel an actual total loss.

[2003] 1 Lloyd's Rep. 296

PAPAMICHAEL v. NATIONAL WESTMINSTER BANK Plc AND ANOTHER [2003] EWHC 164 (Comm)

Banking - Mistake - Recovery - Win on Greek lottery - Whether claimant won money - Money transferred to defendant bank - Money used as security for operation of foreign exchange margin account in claimant’s husband’s name - Whether moneys transferred to bank under a mistake - Whether claimant entitled to recovery of money.

[2003] 1 Lloyd's Rep. 341

HURST v. LEEMING [2001] EWHC 1051 (Ch)

Practice - Costs - Mediation - Defendant invited to proceed to mediation - Defendant refused - Whether defendant justified in so refusing - Whether defendant entitled to costs of action.

[2003] 1 Lloyd's Rep. 379

ROWE v. VALE OF WHITE HORSE DISTRICT COUNCIL [2003] EWHC 388 (Admin)

Administrative law - Judicial review - Restitution - Council provided sewerage services to claimant - No intimation that Council intended to charge for services - Whether Council entitled to demand payment of retrospective charges - Whether Council entitled to restitution.

[2003] 1 Lloyd's Rep. 418

THE “ANL PROGRESS” (formerly “STARSHIP”)

Admiralty practice - Action in rem and personam - Contract of employment - Plaintiff alleged vessel unlawfully occupied by defendant seamen - Application for seamen to depart from vessel - Employment contracts had not yet expired - Whether application should be granted.

[2003] 1 Lloyd's Rep. 423

ROWLAND v. ENVIRONMENT AGENCY [2002] EWHC 2785 (Ch.)

Navigation - Public rights - Existence - Legitimate expectation - Dispute as to public rights of navigation on non-tidal part of river Thames - Whether PRN existing over Thames in 1885 could be extinguished - Whether doctrine of legitimate expectation entitled owner of riparian rights to extinguishment of PRN - Effect of Human Rights Convention - Thames Preservation Act, 1885, ss. 2, 5.

[2003] 1 Lloyd's Rep. 427

KUWAIT AIRWAYS CORPORATION v. IRAQI AIRWAYS CORPORATION

Sovereign immunity - Fraud - Iraq-Kuwait war - Interference with Kuwaiti aircraft by Iraq - Iraq granted sovereign immunity in earlier proceedings - Allegation that acts between Aug. 9 and Sept. 17 not done in exercise of sovereign immunity and evidence given was false - Whether earlier judgment should be set aside.

[2003] 1 Lloyd's Rep. 448

GOOD CHALLENGER NAVEGANTE S.A. v. METALEXPORTIMPORT S.A.

Arbitration - Award - Enforcement - Limitation of time - Ex parte order to enforce award served eight years after it was made - Allegation that enforcement proceedings time barred - Whether Romanian Court decision estopped claimants from denying proceedings time barred - Whether for purposes of limitation causes of action accrued afresh as a result of acknowledgement of claim and part-payment - Whether ex parte order and service thereof should be set aside.

[2003] 1 Lloyd's Rep. 471

P&O NEDLLOYD LTD. AND ANOTHER v. M & M MILITZER & MÜNCH INTERNATIONAL HOLDING A.G. (THE “MARSEILLES” AND “EPOS”) [2002] EWHC 2622 (Comm)

Insurance (Cargo) - Settlement - Recovery - Cargo claim settled by underwriters - Claimants wrongly believed insured had not been paid and settled claim advanced by underwriters - Whether claimants’ settlement reasonable - Scope of claim that was settled - Whether reasonable investigation carried out - Whether claimants entitled to recover sum paid in settlement of underwriter’s claim.

[2003] 1 Lloyd's Rep. 503

BP PLC v. G.E. FRANKONA REINSURANCE LTD. [2003] EWHC 344 (Comm)

Insurance (Construction) - Open cover - Construction - Declarations made under open cover - Stage of project when declaration could be made to open cover - Form and timing of declarations - Market practice - Whether defendants obliged to indemnify claimants.

[2003] 1 Lloyd's Rep. 537

HOMBURG HOUTIMPORT B.V. v. AGROSIN PRIVATE LTD. AND OTHERS (“THE STARSIN”) [2003] UKHL 12

Bill of lading - Shipowner’s or charterer’s bill - Damage to cargo - Bills issued in respect of carriage of cargo - Bills signed as agent for carrier - Whether shipowners parties to bills of lading - Whether bills in terms entered into with shipowners’ authority - Liability of shipowners in tort in absence of contract - Whether shipowners entitled to rely on Himalaya clause - Whether claimants had cause of action in tort in respect of damage to cargo - Passing of title - Extent to which bad stowage caused damage sustained after title passed.

[2003] 1 Lloyd's Rep. 571

KEPPEL TATLEE BANK LTD. v. BANDUNG SHIPPING PTE. LTD.

Bill of lading - Rights of suit - Misdelivery - Carriage of goods from Indonesia to India - Bills of lading endorsed in blank - Plaintiffs filled in name of bank - Goods delivered to third party without presentation of bills of lading - Whether plaintiffs had rights of suit - Singapore Bills of Lading Act.

[2003] 1 Lloyd's Rep. 619