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HYUNDAI HEAVY INDUSTRIES CO. v. PAPADOPOULOS AND OTHERS

[1980] 2 Lloyd's Rep 1

Contract - Shipbuilding - Guarantee - Buyers defaulted in payment - Plaintiffs rescinded contract - Whether rescission based on contractual right - Writ issued after contract rescinded - Whether there was an accrued right to unpaid instalments before date of rescission.

AFROMAR INC. v. GREEK ATLANTIC COD FISHING CO. (THE "PENELOPE II")

[1980] 2 Lloyd's Rep 17

Admiralty practice - Limitation of liability - Bill of lading - Damage to cargo - Whether plaintiffs entitled to decree of limitation notwithstanding only one claim made or apprehended.

SARONIC SHIPPING CO. LTD. v. HURON LIBERIAN CO.

[1980] 2 Lloyd's Rep 26

Charter-party (Voyage) - Contract of affreightment - Bunker escalation clause - Claimants submitted invoices for increased costs of bunkers - Vessels in question neither owned by nor demised to claimants - Whether principles of course of dealing, estoppel waiver or restitutio in integrum applied - Whether special case should be remitted - Essovoy 1969.

KOLLERICH & CIE. S.A. v. THE STATE TRADING CORPORATION OF INDIA

[1980] 2 Lloyd's Rep 32

Sale of goods (f.o.b.) - Exemption clause - Sellers sold bagged cement to buyers - Bags found to have opened on arrival or to open during unloading at both ends - Whether sellers could rely on pre-shipment inspection clause.

BREMER HANDELSGESELLSCHAFT m.b.H. v. TOEPFER

[1980] 2 Lloyd's Rep 43

Sale of goods (c.i.f.) - Notice of appropriation - Inter-office trading transactions - Whether Munich office counted as "subsequent sellers" - Whether notice of appropriation valid - GAFTA 100.

BANK OF CYPRUS (LONDON) LTD. v. GILL

[1980] 2 Lloyd's Rep 51

Banking - Negligence - Mortgage - Powers of sale of mortgagee - Bank called in loan - Mortgaged property sold - Whether bank had taken reasonable care in exercising power of sale.

N.V. STOOMV MAATS "DE MAAS" v. NIPPON YUSEN KAISHA (THE "PENDRECHT")

[1980] 2 Lloyd's Rep 56

Charter-party (Time) - Limitation of time - Vessel suffered damage by grounding - Dispute as to when cause of action arose - Whether owners claim time barred. Arbitration - Limitation of time - Owners sent telex claiming arbitration on Friday - Telex received in charterers office after hours - Whether arbitration commenced within time - Limitation Act, 1939 s. 27 (3), (4).

ETABLISSEMENTS GEORGES ET PAUL LEVY v. ADDERLEY NAVIGATION CO. PANAMA S.A. (THE "OLYMPIC PRIDE")

[1980] 2 Lloyd's Rep 67

Charter-party (Voyage) - Rectification - Charter-party included words that vessel's e.t.a. Dec. 2 - Owners alleged that words inserted by mistake - Whether owners' claim for rectification should be granted - Norgrain form.

JUGOSLAVENSKA LINIJSKA PLOVIDBA v. HULSMAN TRADING AS BRUSSE & SIPPEL IMPORT-EXPORT (THE "PRIMORJE")

[1980] 2 Lloyd's Rep 74

Agency - Charter-party - Principal and agent - Vessel chartered for carriage of cargo - Demurrage incurred - Whether defendants liable - Whether defendants had arranged charter for and on behalf of Indonesian principals - Gencon form.

B.T.P. TIOXIDE LTD. v. PIONEER SHIPPING LTD. AND ARMADA MARINE S.A. (THE "NEMA")

[1980] 2 Lloyd's Rep 83

Charter-party (Consecutive Voyage) - Frustration - Strike at loading port - Addendum extended charter for 1980 season - Whether charter and addenda one contract - Whether contract frustrated by strike - C. Ore 7 form. Practice - Arbitration - Award - Appeal - Whether leave to appeal to Court of Appeal should be granted - Arbitration Act, 1979, s. 1 (7) (b).

ST. VINCENT SHIPPING CO. LTD. v. BOCK, GODEFFROY & CO. (THE "HELEN MILLER")

[1980] 2 Lloyd's Rep 95

Charter-party (Time) - Safe berth - Institute Warranty Limits - Charterers paid extra insurance premium to breach I.W.L. - Vessel ordered to port outside I.W.L. - Vessel damaged by ice - Whether charterers liable for cost of repairs - Whether charterers could rely on cl. 32 - New York Produce Exchange.

SOMELAS CORPORATION v. A/S GERRARDS REDERI (THE "PANTELIS A. LEMOS")

[1980] 2 Lloyd's Rep 102

Charter-party (Time) - Redelivery - Vessel to be redelivered with damages unrepaired - Charterers to pay agreed repairing costs - Whether charterers also liable for costs for "affecting class repairs".

NICOBAN SHIPPING CO. v. ALAM MARITIME LTD. (THE "EVDOKIA")

[1980] 2 Lloyd's Rep 107

Practice - Arbitration - Damage to cargo - Costs of discharging - Charterers declined to discharge balance of cargo - Owners incurred expenses in discharging - Charterers disputed amount of expenses incurred - Whether award should be remitted.

STEWART CHARTERING LTD. v. C. & O. MANAGEMENTS S.A.

[1980] 2 Lloyd's Rep 116

Practice - Mareva injunction - Default of appearance - Writ endorsed with claim for injunction - Whether plaintiff should be granted leave to sign judgment - R.S.C., O. 11, O. 13, r. 6.

FICOM S.A. v. SOCIEDAD CADEX LIMITADA

[1980] 2 Lloyd's Rep 118

Sale of goods (f.o.b.) - Non-acceptance - Letter of credit - Buyers rejected goods as not being in conformity with contract - Certificate of quality did not conform to documents required under letter - Whether buyers entitled to reject goods - Measure of damages - European Coffee Contract.

THE "ARAWA"

[1980] 2 Lloyd's Rep 135

Admiralty practice - Bill of lading - Shipowners arranged lighterage of cargo from ship's side to wharf - Whether arrangements authorized by bill of lading - Damage to cargo caused by delays in landing - Whether shipowners liable for negligence of wharfinger - Whether shipowners protected by The Hague Rules and/or exemption clauses in bills of lading - The Hague Rules, arts. III (2), IV (2) (j), (q).

OSTERREICHISCHE LANDERBANK v. S'ELITE LTD.

[1980] 2 Lloyd's Rep 139

Bill of exchange - Dishonour - Holders in due course - Whether bill a fraudulent preference - Whether bank's title defective - Whether bank a holder in due course - Bills of Exchange Act, 1882, ss. 29, 30 and 90.

BUNGE S.A. v. KRUSE

[1980] 2 Lloyd's Rep 142

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Seller failed to deliver, July, August and September shipments - Whether seller could rely upon cl. 21 - Whether seller under duty to attempt to buy afloat - GAFTA 100.

NATIONAL EMPLOYERS MUTUAL GENERAL INSURANCE ASSOCIATION LTD. v. HAYDON

[1980] 2 Lloyd's Rep 149

Insurance (Professional indemnity) - Exclusion clause - Double insurance - Contribution - Whether plaintiffs entitled to contribution from defendants - Whether exclusion clauses in policies applied.

WALKER v. PENNINE INSURANCE CO. LTD.

[1980] 2 Lloyd's Rep 156

Insurance (Motor) - Indemnity - Personal injury - Passenger in plaintiff's car injured in collision - Insurers denied liability because plaintiff in breach of policy conditions - Passenger obtained judgment in default - Whether plaintiff entitled to be indemnified by insurers.

THOS. P. GONZALEZ CORPORATION v. F. R. WARING (INTERNATIONAL) (PTY) LTD.

[1980] 2 Lloyd's Rep 160

Sale of goods (f.o.b.) - Carrying charges - Late arrival and/or nomination of vessel - Whether carrying charges amounted to a penalty or a genuine pre-estimate of damages - Whether late nomination of vessel by buyer - Whether seller entitled to interest on carrying charges - GAFTA 64.

H. KRUIDENIER (LONDON) LTD. v. THE EGYPTIAN NAVIGATION CO. (THE "EL AMRIA" No. 2)

[1980] 2 Lloyd's Rep 166

Charter-party (Voyage) - Stay of action - Limitation of time - Damage to cargo - Limitation period prescribed in The Hague Rules expired - Whether application for stay should be granted - Whether application for extension of time should be granted - Arbitration Act, 1975, s. 1 - Arbitration Act, 1950, s. 27 - The Hague Rules.

RICHMOND SHIPPING LTD. v. D/S AND A/S VESTLAND (THE "VESTLAND")

[1980] 2 Lloyd's Rep 171

Charter-party (Time) - Repudiation - Arrest of vessel - Owners failed to secure release of vessel - Whether owners' conduct amounted to a repudiation - Whether charterers entitled to damages for wrongful repudiation.

REDERI KOMMANDITSELSKAABET MERC-SCANDIA IV v. COUNINIOTIS S.A. (THE "MERCANAUT")

[1980] 2 Lloyd's Rep 183

Carriage by sea - Damage to cargo - Jurisdiction clause - Charterers commenced action in Denmark and arbitration in England - Shipowners counterclaimed in Danish Court - Charterers withdrew from proceedings in Denmark - Whether shipowners' application to stay arbitration proceedings should be granted.

COMPANIA MARITIMA ZORROZA S.A. v. MARITIME BULK CARRIERS CORPORATION (THE "MARQUES DE BOLARQUE")

[1980] 2 Lloyd's Rep 186

Arbitration - Award - Limitation of time - Whether notice to set aside or remit award given in time - Whether rules order affected arbitrations commenced before Aug. 1, 1979 - Arbitration Act, 1979 - Rules of the Supreme Court (Amendment No. 3) Order, 1979. Arbitration - Award - Jurisdiction - Arbitration made finding on evidence before him - Whether arbitrator exceeded his jurisdiction - Whether award should be set aside or remitted.

BAKARIM v. VICTORIA P. SHIPPING CO. LTD. (THE "TATIANGELA")

[1980] 2 Lloyd's Rep 193

Practice - Mareva injunction - Vessel sank with plaintiff's cargo - Plaintiff obtained Mareva injunction - Whether plaintiff a party to charter-party - Whether injunction should be discharged - Whether bank as mortgagees could be joined as parties to proceedings - Whether injunction could be modified.

A AND B v. C, D, E, F, G AND H

[1980] 2 Lloyd's Rep 200

Practice - Mareva injunction - Plaintiffs seeking to trace property belonging to them - Whether Court had jurisdiction to grant injunction restraining disposal of that property - Whether Court should exercise power to order discovery to ensure Mareva jurisdiction properly exercised.

WILH. WILHELMSEN v. CANADIAN TRANSPORT CO. AND CANADIAN TRANSPORT CO. v. UNIMARINE S.A. (THE "TAKAMINE")

[1980] 2 Lloyd's Rep 204

Arbitration - Award - Costs - Arbitrations between charterers and sub-charterers and between owners and charterers heard by sole arbitrator - Arbitrator made award as to costs - Whether arbitrator had misdirected himself - Whether jurisdiction exceeded - Whether award should be set aside or remitted.

CHINA-PACIFIC S.A. v. THE FOOD CORPORATION OF INDIA (THE "WINSON")

[1980] 2 Lloyd's Rep 213

Salvage - Bailment - Remuneration - Vessel stranded - Voyage abandoned - Salvage services rendered to cargo - Whether relationship between charterers and salvors that of bailor-bailee - Whether salvors entitled to remuneration - Lloyd's Open Form of Salvage agreement.

THE "AMERICAN SIOUX"

[1980] 2 Lloyd's Rep 224

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.

GULF OIL BELGIAN S.A. v. FINLAND STEAMSHIP CO. LTD. (THE "WELLAMO")

[1980] 2 Lloyd's Rep 229

Admiralty practice - Action in rem - Stay of action - Collision six miles from Stockholm - Proceedings instituted in Swedish Court and English Court - Whether proceedings in England should be stayed - Whether Swedish Court natural forum.

THE "KYOAN MARU"

[1980] 2 Lloyd's Rep 233

Admiralty practice - Pleadings - Amendment - Defendants applied to amend defence - Effect amendment would have on plaintiffs - Whether amendment should be allowed.

ACTIS CO. LTD. v. THE SANKO STEAMSHIP CO. LTD. (THE "AQUACHARM")

[1980] 2 Lloyd's Rep 237

Charter-party (Time) - Hire - Vessel exceeded permitted draught - Canal company refused to allow vessel through Panama Canal - Part of cargo had to be transhipped - Whether vessel off hire - Whether owners could recover transhipment costs - Whether owners entitled to hire for period of delay - The Hague Rules, art. 4 (2) (a).

NIPPON YUSEN KAISHA v. PACIFICA NAVEGACION S.A. (THE "ION")

[1980] 2 Lloyd's Rep 245

Charter-party (Time) - Limitation of time - Damage to cargo - Whether owners estopped from pleading, or had waived their rights to plead, time bar - Whether letter of July 4 constituted promissory estoppel - The Hague Rules - New York Produce Exchange form - Whether New York Inter-Club Agreement applicable.

ELEFTHERIA NIKI COMPANIA NAVIERA S.A. v. EASTERN MEDITERRANEAN MARINE LTD. (THE "ELEFTHERIA NIKI")

[1980] 2 Lloyd's Rep 252

Arbitration - Award - Remission - Costs - Owners wished to call fresh evidence - Whether award should be remitted - Owners to pay own and charterers' costs in arbitration - Whether award on costs should be set aside or remitted so that costs could be reconsidered.

GULF STEEL CO. LTD. v. AL KHALIFA SHIPPING CO. LTD. (THE "ANWAR AL SABAR")

[1980] 2 Lloyd's Rep 261

Bill of lading - Lien clause - Draft bill of lading incorporated terms and conditions of charter-party - Owners wished to add lien clause to bill of lading - Whether owners entitled to do so.

BANCO CENTRAL S.A. AND TREVELAN NAVIGATION INC. v. LINGOSS & FALCE LTD. AND B.F.I. LINE LTD. (THE "RAVEN")

[1980] 2 Lloyd's Rep 266

Charter-party - Non-payment of hire - Sub-charterers guaranteed payment of hire due under bare-boat charter - Rights under bare-boat charter assigned to owners - Rights under assignment and guarantee assigned to bank - Whether bank could recover payment from sub-charterers - Whether sub-charterers could effect set-off.

CITLAND LTD. v. KANCHAN OIL INDUSTRIES PVT. LTD.

[1980] 2 Lloyd's Rep 274

Arbitration - Award - Enlargement of time limit to challenge award - Whether buyers would suffer injustice - Whether buyers had substantial case - Whether application to set aside or remit should be granted.

WALEK & CO. AND OTHERS v. CHAPMAN AND BALL (INTERNATIONAL) LTD AND OTHERS

[1980] 2 Lloyd's Rep 279

Carriage by road - C.M.R. - Defendants hired trailer to third party - Defendants arranged for load of yarn to be carried on trailer - Yarn damaged by rain - Defendants settled plaintiffs' claim - Whether defendants could recover from third party - Carriage of Goods by Road Act, 1965, Schedule, arts. 17, 37.

ALPHA TRADING LTD. v. DUNNSHAW-PATTEN LTD.

[1980] 2 Lloyd's Rep 284

Agency - Contract - Commission - Plaintiffs introduced defendants to M - Defendants failed to perform contract with M - Whether plaintiffs entitled to claim commission under agency agreement between plaintiffs and defendants.

FINLAND STEAMSHIP CO. LTD. UNITED BALTIC CORPORATION LTD. AND OY FINN LINES LTD. v. THE FELIXSTOWE DOCK AND RAILWAY CO.

[1980] 2 Lloyd's Rep 287

Contract - Escalation clause - Dock company provided owners with roll-on roll-off facilities - Owners given option to renew contract - Whether escalation clause deleted by renewal - Whether owners liable to pay increases in charges as agreed by owners and dock company.

PRACTICE DIRECTION

[1980] 2 Lloyd's Rep 291

Practice Direction (Bespeaking Orders) [No. 1 of 1980]

PRACTICE DIRECTION

[1980] 2 Lloyd's Rep 292

Practice Direction No. 2 of 1980: Revised Procedure for Motions

FOTHERGILL v. MONARCH AIRLINES LTD.

[1980] 2 Lloyd's Rep 295

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.

SALMOND AND SPRAGGON (AUSTRALIA) PTY. LTD. v. PORT JACKSON STEVEDORING PTY. LTD. (THE "NEW YORK STAR")

[1980] 2 Lloyd's Rep 317

Bill of lading - Exemption clause - Stevedores - Goods discharged and placed in warehouse - Usual practice for carriers to report to office with shipping documents to obtain gate pass and collect goods - Goods obtained by thief without presentation of documents - Whether ship's agents and stevedores liable - Whether stevedores not being parties to contract could rely on exclusion clauses in bill of lading - Whether claim time barred - Australia.

BANKERS TRUST INTERNATIONAL LTD. v. TODD SHIPYARDS CORPORATION (THE "HALCYON ISLE")

[1980] 2 Lloyd's Rep 325

Admiralty practice - Action in rem - Maritime lien - Mortgage of ship - Priority - Shiprepairers executed repairs to vessel - Vessel sold but fund insufficient to satisfy mortgagees and ship-repairers - Whether ship-repairers took priority.

B.T.P. TIOXIDE LTD. v. PIONEER SHIPPING LTD. AND ARMADA MARINE S.A. (THE "NEMA")

[1980] 2 Lloyd's Rep 339

Charter-party (Consecutive Voyage) - Frustration - Strike at loading port - Addendum extended charter for 1980 season - Whether charter and addenda one contract - Whether contract frustrated by strike - C. Ore 7 form. Practice - Arbitration - Award - Appeal - Whether leave to appeal to Court of Appeal should be granted - Arbitration Act, 1979, s. 1 (7) (b).

ANCHOR LINE LTD. v. KEITH ROWELL LTD. (THE "HAZELMOOR")

[1980] 2 Lloyd's Rep 351

Contract - Sale of ship - Repudiation - Whether defendants had made it plain they would not be able to complete purchase - Whether defendants committed an anticipatory breach - Whether plaintiffs entitled to treat contract as repudiated - Whether defendants could counterclaim for wrongful repudiation.

THE "SANSHIN VICTORY"

[1980] 2 Lloyd's Rep 359

Collision - Liability - Collision off south west coast of Korea - Whether vessels took proper steps to reduce speed - Apportionment of liability for collision - International Regulations for Preventing Collisions at Sea, 1972 rr. 6, 8, 19.

ANCHOR LINE LTD. v. STAR SHIPPING CO. A/S (THE "STAR ASSYRIA")

[1980] 2 Lloyd's Rep 365

Charter-party (Time) - Implied agreement - Stevedore injured - Owners and charterers each paid one half of stevedores' claim - Whether payment of one half an implied agreement - Whether charterers solely liable for injury to stevedore - Whether owners' claim time barred - New York Produce Exchange.

ALBERTA SHIPPING LTD. v. THE BRITON FERRY STEVEDORING CO. LTD. (THE "NEAPOLIS II")

[1980] 2 Lloyd's Rep 369

Limitation of liability - Damage at berth - Whether defendants negligent in allocating such berth to plaintiffs - Whether master negligent in berthing vessel - Whether defendants entitled to limit their liability under the Merchant Shipping (Liability of Shipowners and Others) Act, 1900, s. 2.

MONDIAL TRADING CO. G.m.b.H. v. GILL & DUFFUS ZUCKERHANDELSGESELLSCHAFT m.b.H.

[1980] 2 Lloyd's Rep 376

Arbitration - Award - Application for leave to appeal - Whether sufficient evidence before arbitrators to support findings in award - Whether leave to appeal should be granted - Arbitration Act, 1979, s. 1 (5).

SUCCULA LTD. AND POMONA SHIPPING CO. LTD. v. HARLAND AND WOLFF LTD.

[1980] 2 Lloyd's Rep 381

Arbitration - Arbitration tribunal - Composition of tribunal - Whether umpire validly appointed - Whether arbitrator and umpire should be removed from office - Whether new tribunal should be appointed - Whether Court should intervene - Arbitration Act, 1950, ss. 1, 10 (b), 13 (3).

SYROS SHIPPING CO. S.A. v. ELAGHILL TRADING CO. (THE "PROODOS C")

[1980] 2 Lloyd's Rep 390

Arbitration - Award - Errors of law on its face - Agreement between owners and consignees - Arbitrator held inter alia no consideration for agreement but owners entitled to succeed - Whether award should be set aside - Whether award should be remitted.

PLANMOUNT LTD. v. THE REPUBLIC OF ZAIRE

[1980] 2 Lloyd's Rep 393

Practice - Sovereign immunity - Service of writ out of jurisdiction - Plaintiffs claimed balance of account - Whether leave to serve out should be given - Whether defendants entitled to sovereign immunity - State Immunity Act, 1978.

TOEPFER v. SOSIMAGE S.p.A.; SAME v. KRUSE; FRIBESCO S.A. v. MANTOVANI; KRUSE v. TOEPFER

[1980] 2 Lloyd's Rep 397

Sale of goods (f.o.b.) - Non-acceptance - String sale of soya beans - Shipment period extended - Vessel nominated on last day of shipment period - Sellers accepted nomination provided buyers paid higher carrying charges - Buyers refused - Whether contract cancelled - Effect on liability for carrying charges - Whether sellers entitled to damages - GAFTA 119.

WEST OF SCOTLAND SHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) v. AIFANOURIOS SHIPPING S.A. (THE "AIFANOURIOS")

[1980] 2 Lloyd's Rep 403

Insurance (Marine) - Action in rem - P and I risks - Pursuers claimed payment of calls - Whether contract of insurance for vessel and its cargo agreement relating to use or hire of ship or to carriage of goods - Whether pursuers entitled to arrest vessel - Administration of Justice Act, 1956, s. 47 (1), (2), (d), (e) - Scotland.

A/S AWILCO v. FULVIA S.p.A. DI NAVIGAZIONE (THE "CHIKUMA")

[1980] 2 Lloyd's Rep 409

Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether charterers made "payment in cash" - Whether charterers entitled to damages for wrongful withdrawal - New York Produce Exchange form.

DALY v. GENERAL STEAM NAVIGATION CO. LTD. (THE "DRAGON")

[1980] 2 Lloyd's Rep 415

CASTANHO v. BROWN & ROOT (U.K.) LTD. AND JACKSON MARINE S.A.

[1980] 2 Lloyd's Rep 423

Practice - Jurisdiction - Notice of discontinuance - Plaintiff began action in English Courts and subsequently began action in American Courts - Plaintiff served notice of discontinuance in English Courts - Whether notice should be struck out - Whether Court had jurisdiction to grant injunction restraining plaintiff from continuing American actions - Whether injunction should be granted - R.S.C., O. 21.

ARMAR SHIPPING CO. LTD. v. CAISSE ALGERIENNE D'ASSURANCE ET DE REASSURANCE (THE "ARMAR")

[1980] 2 Lloyd's Rep 450

Conflict of laws - Proper law - Lloyd's Average Bond - Plaintiffs alleged sacrifice and expenditure of general average nature incurred - Defendants declined to pay contribution - Whether contract contained in bond governed by English law - Whether leave to serve notice of writ out of jurisdiction should be granted - R.S.C., O. 11, r. 1 (1) (f) (iii).

ANGLOMAR SHIPPING CO. LTD. v. SWAN HUNTER SHIPBUILDERS LTD. AND SWAN HUNTER GROUP LTD. (THE "LONDON LION")

[1980] 2 Lloyd's Rep 456

Contract - Shipbuilding - Letter of undertaking - Shipbuilders delivered vessel to plaintiffs - Plaintiffs alleged vessel substantially and fundamentally defective - Shipbuilders taken over by state corporation - Whether liability of parent company under letter of undertaking discharged - Aircraft and Shipbuilding Industries Act, 1977, ss. 20, 53.

AFOVOS SHIPPING CO. S.A. v. R. PAGNAN AND F. LLI (THE "AFOVOS")

[1980] 2 Lloyd's Rep 469

Charter-party (Time) - Hire - Non-payment - Owners withdrew vessel - Whether withdrawal valid - Whether charterers could rely on owners' bank's negligence or estoppel - Whether charterers entitled to relief against forfeiture - New York Produce Exchange form.

BRAVO MARITIME (CHARTERING) EST. v. ALSAYED ABDULLAH MOHAMED BAROOM (THE "ATHINOULA")

[1980] 2 Lloyd's Rep 481

GATOIL ANSTALT v. OMENNIAL LTD. (THE "BALDER LONDON")

[1980] 2 Lloyd's Rep 489

Charter-party (Time) - Hire - Non-payment - Payment of hire tendered late - Owners withdrew vessel - Whether withdrawal valid - Whether right of withdrawal barred by terms of deed and notice of assignment - Whether injunction enjoining owners from withdrawing vessel should be granted.

ELLERMAN LINES LTD. v. LANCASTER MARITIME CO. LTD. AND OTHERS (THE "LANCASTER")

[1980] 2 Lloyd's Rep 497

Charter-party (Time) - Lien clause - Mortgage - Priority - Vessel a total constructive loss - Whether charterers' lien on vessel took priority over mortgages - Whether charterers had equitable interest in proceeds of insurance - Whether Mareva injunction obtained by charterers should be discharged - New York Produce Exchange form.

PRATT v. SWANMORE BUILDERS LTD. AND BAKER

[1980] 2 Lloyd's Rep 504

Arbitration - Arbitrator - Misconduct - Application to remove arbitrator - Whether arbitrator had failed to use all reasonable dispatch in entering in and proceeding with reference - Whether arbitrator had misconducted himself - Whether agreement should cease to have effect - Arbitration Act, 1950, ss. 13 (3), 23 (1).

BUNGE A.G. v. FUGA A.G.

[1980] 2 Lloyd's Rep 513

Sale of goods (c.i.f.) - Non-delivery - Force majeure - Sellers unable to deliver April instalment because of Mississippi floods - Sellers invoked force majeure - Whether shipment period validly extended - Whether sellers in default - GAFTA 100.

UNIVERSE TANKSHIPS INC. v. INTERNATIONAL TRANSPORT WORKERS' FEDERATION, LAUGHTON AND OTHERS (THE "UNIVERSE SENTINEL")

[1980] 2 Lloyd's Rep 523

MIKE TRADING AND TRANSPORT LTD v. R. PAGNAN & FRATELLI (THE "LISBOA")

[1980] 2 Lloyd's Rep 546

Carriage by sea - Bill of lading - Exclusive jurisdiction clause - Cargo-owners towed vessel to discharging port - Cargo-owners arrested vessel in Italy - English Courts given exclusive jurisdiction - Whether owners' application for injunction restraining cargo-owners from proceeding with arrest should be granted.

WAHBE TAMARI AND SONS CO. v. BERNHARD ROTHFOS BETEILIGUNGSGESELLSCHAFT m.b.H.

[1980] 2 Lloyd's Rep 553

Practice - Contract - Service out of jurisdiction - Contract between Jordanian firm and German firm - Whether contract governed by English law - Whether leave to serve out of jurisdiction should be given.

BRINKIBON LTD. v. STAHAG STAHL UND STAHLWARENHANDELSGESELLSCHAFT m.b.H.

[1980] 2 Lloyd's Rep 556

Conflict of laws - Sale of goods (c. & f.) - Repudiation - English buyers bought steel from Austrian sellers - Whether contract made in England - Sellers repudiated contract - Whether breach occurred in England or Austria - Whether leave to issue, and serve notice of, writ out of jurisdiction should be granted - R.S.C., O.11, r. 1 (1) (f), (g).

H.R.H. PRINCE ABDUL RAHMAN BIN TURKI AL-SUDAIRY v. AWNI OTHMAN ABU-TAHA AND BADER SULEIMAN ABU-GHOSH

[1980] 2 Lloyd's Rep 565

Practice - Mareva injunction - Sale of motor car to plaintiff in Saudi Arabia by defendants in England did not go through - Defendants claimed to be permanently resident within the jurisdiction - Whether injunction should be granted.

THE SANKO STEAMSHIP CO. LTD. v. THE SHIPPING CORPORATION OF INDIA AND SELWYN AND CLARK (THE "JHANSI KI RANI")

[1980] 2 Lloyd's Rep 569

Arbitration - Award - Injunction granted restraining arbitrators from making award - Whether Court should intervene in conduct of arbitration prior to award being made - Whether injunction should be continued.

MINERALIMPORTEXPORT AND OTHERS v. EASTERN MEDITERRANEAN MARITIME LTD. (THE "GOLDEN LEADER")

[1980] 2 Lloyd's Rep 573

Charter-party (Voyage) - Damage to cargo - Vessel stranded and sank off coast of Japan - Whether owners liable for total loss of cargo - Whether liability for negligence of owners' servants excluded.

THE FOOD CORPORATION OF INDIA v. CARRAS (HELLAS) LTD. (THE "DIONE")

[1980] 2 Lloyd's Rep 577

Arbitration - Award - Technical misconduct - Arbitrators declined to state special case on currency issue - Whether refusal misconduct - Whether Court could have ordered a special case - Whether award should be set aside or remitted.

SLATER v. REED AND McGRATH (THE "VAROS")

[1980] 2 Lloyd's Rep 581

Negligent nevigation - Collision - Vessel collided with bridge - Whether master navigated vessel without due care and attention - Whether master in breach of bylaw 9 for not being on the bridge or ensuring that there was a person capable of taking command of vessel - Port of London Act, 1968 ss. 2 (1), 108 (a) (b) - Port of London Authority Bylaws, 1967, bylaw 9(1).

HODGE v. HIGGINS (THE "HARCOURT")

[1980] 2 Lloyd's Rep 589

Negligence - Statutory offence - Vessel lying at anchor in River Humber - No forward anchor light being displayed - Whether master liable for omission - Merchant Shipping Act, 1970, s. 27.

MASON v. UXBRIDGE BOAT CENTRE AND WRIGHT

[1980] 2 Lloyd's Rep 592

Limitation of liability - Shiprepairers - Repairs carried out to plaintiff's boat - Boat sank - Whether shiprepairers negligent - Whether shiprepairers entitled to limit liability - Whether employee of shiprepairers also entitled to limit liability - Merchant Shipping (Liability of Shipowners and Others) Act, 1900, s. 2 - Merchant Shipping (Liability of Shipowners and Others) Act, 1958, ss. 1, 3.

N.V. BUNGE v. COMPAGNIE NOGA D'IMPORTATION ET D'EXPORTATION S.A. (THE "BOW CEDAR")

[1980] 2 Lloyd's Rep 601

Sale of goods (f.o.b.) - Contract goods - Goods described as "crude groundnut oil" - Buyers claimed goods delivered not contractual - Whether sellers could rely on certificates given on shipment - Whether final and conclusive - Whether sellers liable to buyers - FOSFA 53.

PETER CREMER v. BRINKERS' GROUDSTOFFEN B.V.

[1980] 2 Lloyd's Rep 605

Sale of goods (c.i.f.) - Improper delivery - Transhipment costs - Sellers delivered goods to Hamburg instead of Rotterdam - Whether sellers in breach of contract - Whether buyers could recover transhipment costs - FOSFA 2 - Unilever terms.

OVERSEA BUYERS LTD. v. GRANADEX S.A.

[1980] 2 Lloyd's Rep 608

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Export licences to be obtained by sellers - No export licences granted because of prohibition - Whether sellers had used best endeavours to ship goods - Whether sellers entitled to rely on prohibition clause - FOSFA 20.

Lloyd's Law Reports