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BUNGE CORPORATION v. TRADAX EXPORT S.A.

[1981] 2 Lloyd's Rep. 1

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.

LEXMEAD (BASINGSTOKE) LTD. v. LEWIS AND OTHERS

[1981] 2 Lloyd's Rep. 17

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.

NEREIDE S.P.A. DI NAVIGAZIONE v. BULK OIL INTERNATIONAL LTD. (THE "LAURA PRIMA")

[1981] 2 Lloyd's Rep. 24

Charter-party (Voyage) - Demurrage - Notice of readiness - Delay in vessel getting into berth - Whether laytime commenced 6 hours after notice given - Whether owners entitled to damages for detention - Exxonvoy 1969.

ANDRE ET COMPAGNIE S.A. v. MARINE TRANSOCEAN LTD. (THE "SPLENDID SUN")

[1981] 2 Lloyd's Rep. 29

Arbitration - Injunction - Jurisdiction - Disputes between owners and charterers referred to arbitration - Delay in prosecuting claims - Whether Court had jurisdiction to grant injunction restraining owners from proceeding with claim.

SHELL TANKERS (U.K.) LTD. v. ASTRO COMINO ARMADORA S.A. (THE "PACIFIC COLOCOTRONIS")

[1981] 2 Lloyd's Rep. 40

Contract - Construction - Lightening contract - Vessel rendered "lightening" assistance by taking off part of cargo - Whether further lightening assistance required - Whether vessel carried out obligations under contract - Interest.

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

[1981] 2 Lloyd's Rep. 47

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 penalty - GAFTA 64.

MAXFORM S.p.A. v. MARIANI AND GOODVILLE LTD.

[1981] 2 Lloyd's Rep. 54

Bill of exchange - Non-payment - Sale of goods - Bills accepted and signed by director of company - Bills dishonoured - Whether director personally liable - Companies Act, 1947, s. 58 - Companies Act, 1948, s. 108 - Registration of Business Names Act, 1916.

THE "NETTY"

[1981] 2 Lloyd's Rep. 57

Admiralty practice - Stay of action - Damage to cargo - Cargo loaded in England - Delivered to consignee in Germany - Action brought in English Courts - Whether England the natural forum - Whether action ought to be stayed - Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, 1968.

THE "MORVIKEN"

[1981] 2 Lloyd's Rep. 61

Admiralty practice - Stay of action - Exclusive jurisdiction clause - Damage to cargo - Bill of lading provided all disputes to be brought before Court in Amsterdam - Whether clause valid - Whether dispute strongly connected with England- Whether Hague-Visby Rules applicable - Whether English action should be stayed - Carriage of Goods by Sea Act, 1971.

THE "MERIDA"

[1981] 2 Lloyd's Rep. 66

Shiprepairers - Negligence - Vessel capsized and sank in defendants' yard - Whether capsizing due to negligence of defendants - Whether plaintiffs and/or defendants should have taken steps to check stability of vessel.

TELFAIR SHIPPING CORPORATION v. ATHOS SHIPPING CO. S.A., SOLIDOR SHIPPING CO. LTD., HORIZON FINANCE CORPORATION AND A.N. COMINOS (THE "ATHOS")

[1981] 2 Lloyd's Rep. 74

Charter-party (Time) - Withdrawal - War risk insurance - Charterers failed to reimburse owners for extra war risk premiums - Owners withdrew vessel - Whether withdrawal wrongful - Whether owners had complied with reimbursement clause - Whether charterers in breach of payments clause - Whether owners waived right to treat failure to pay as a breach by accepting hire - Whether charterers entitled to damages - Assessment - New York Produce Exchange.

SILVER COAST SHIPPING CO. LTD. v. UNION NATIONALE DES CO-OPERATIVES AGRICOLES DES CEREALES (THE "SILVER SKY")

[1981] 2 Lloyd's Rep. 95

Charter-party (Voyage) - Demurrage - Restraint of Princes - Vessel discharged part of cargo at Mo‡amedes - Vessel taken over by FNLA - Ordered to carry refugees to Walvis Bay - Whether master intended to return to Mo‡amedes- Whether owner entitled to demurrage for period Jan. 10 to Jan. 30 - Whether owners could claim damages.

MEDITERRANEA RAFFINERIA SICILIANA PETROLI S.p.A. v. KUWAIT OIL TANKER CO. S.A.K. (THE "AL FAIHA")

[1981] 2 Lloyd's Rep. 99

Arbitration - Limitation of time - Application for extension - Short delivery of cargo - Plaintiffs failed to commence arbitration proceedings within time limit - Plaintiffs alleged dry tank certificate given to defendants a forgery - Whether application for extension of time should be granted - Whether plaintiff would suffer undue hardship if application refused - Arbitration Act, 1950, s. 27.

CUMMINS ENGINE CO. LTD. v. DAVIS FREIGHT FORWARDING (HULL) LTD., CHARTERWAY SHIPPING B.V., R.C.A. VAN DER GRAAF AND D. BOERS B.V.

[1981] 2 Lloyd's Rep. 106

Carriage by road - C.M.R. - Successive carriers- Application to set aside third party notice - Damage to trailer and goods - Whether defendants could claim compensation from other carriers - Whether third party notices should be set aside - C.M.R., arts. 34, 36, 37 and 39 - Carriage of Goods by Road Act, 1965.

BREMER HANDELSGESELLSCHAFT m.b.H. v. DEUTSCHE CONTI-HANDELSGESELLSCHAFT m.b.H.

[1981] 2 Lloyd's Rep. 112

Sale of goods (c.i.f.) - Non-acceptance - Notice of appropriation - Buyers rejected sellers' notices of appropriation as non-contractual - Whether buyers entitled to damages for non-delivery - Whether sellers could rely on waiver - Whether buyers' rejection too late - Whether award should be remitted for consideration of new issue - GAFTA 100.

ARATRA POTATO CO. LTD. AND ANOTHER v. EGYPTIAN NAVIGATION CO. (THE "EL AMRIA")

[1981] 2 Lloyd's Rep. 119

Admiralty practice - Bill of lading - Foreign jurisdiction clause - Cargo alleged to be damaged on unloading - Cargo-owners commenced action for damage to cargo in England - Whether action should be stayed on the ground that parties agreed to refer disputes to Egyptian Court.

BREMER HANDELSGESELLSCHAFT m.b.H. v. WESTZUCKER G.m.b.H. (No. 2) WESTZUCKER G.m.b.H. v. BUNGE G.m.b.H.

[1981] 2 Lloyd's Rep. 130

Sale of goods (c.i.f.) - Non-delivery - Prohibition of export - Sellers failed to deliver balance of June shipment - Whether buyers had waived rights - Whether sellers could rely on cl. 21 prohibition clause - GAFTA 100.

GREAT ATLANTIC INSURANCE CO. v. HOME INSURANCE COMPANY, AFIA, C. E. HEATH & CO. (INTERNATIONAL) LTD., FRANK ELGER & CO. AND OTHERS

[1981] 2 Lloyd's Rep. 138

Practice - Privileged documents - Disclosure - Plaintiffs disclosed only part of document- Whether plaintiffs could claim privilege in respect of remainder of document - Whether plaintiffs had waived privilege - Whether defendants entitled to see whole of document.

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

[1981] 2 Lloyd's Rep. 147

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 in an interim case.

THE "MARITIME TRADER"

[1981] 2 Lloyd's Rep. 153

Admiralty practice - Jurisdiction - Arrest of vessel - Plaintiff commenced arbitration proceedings - Whether vessel sister ship of chartered vessel - Whether vessel beneficially owned by charterers - Whether vessel could be arrested to provide security for award in arbitration - Whether writ should be set aside- Administration of Justice Act, 1956, s. 3 (4).

MARITIME TRANSPORT OPERATORS G.m.b.H. v. LOUIS DREYFUS ET CIE.; LOUIS DREYFUS ET CIE. v. SOCIETE COMMERCIALE DE CEREALES & FINANCIERE S.A.; SOCIETE COMMERCIALE DE CEREALES & FINANCIERE S.A. v. ANDRE ET CIE. (THE "TROPWAVE")

[1981] 2 Lloyd's Rep. 159

Charter-party (Voyage) - Demurrage - Charter varied to allow receivers to pay demurrage - Owners failed to exercise lien on cargo - Whether owners could claim demurrage from charterers. Sale of goods (c. & f.) - Demurrage - Construction of contract of sale - Whether buyers liable to pay demurrage - Whether arbitrator erred in calculation of laytime.

TRADAX INTERNACIONAL S.A. v. CERRAHOGULLARI T.A.S. (THE "M. EREGLI")

[1981] 2 Lloyd's Rep. 169

Charter-party (Voyage) - Dispatch - Centrocon arbitration clause - Charterers claimed dispatch money - Charterers out of time under arbitration clause - Amount claimed undisputed by owners - Whether charterers entitled to summary judgment- Whether arbitration clause should be disregarded - Whether charterers' application for extension of time should be granted - Arbitration Act, 1950, s. 27 - R.S.C., O. 14.

LAKEPORT NAVIGATION COMPANY PANAMA S.A. v. ANONIMA PETROLI ITALIANA S.p.A. (THE "OLYMPIC BRILLIANCE")

[1981] 2 Lloyd's Rep. 176

Charter-party (Voyage) - Freight - Short delivery - Clause in charter gave charterers right to deduct from freight for short delivery - Whether charterers entitled to do so - Whether clause an interim security measure.

PORTARIA SHIPPING CO. v. GULF PACIFIC NAVIGATION CO. LTD. (THE "SELENE G")

[1981] 2 Lloyd's Rep. 180

Arbitration - Sale of ship - Leave to appeal - Whether arbitrators dealt with question of waiver - Whether order for further reasons should be made - Arbitration Act, 1979. Sale of ship - Cancellation - Buyers failed to remit 10 per cent. deposit within 48 hours - Whether a condition or an innominate term - Whether sellers entitled to cancel contract - Sale of Goods Act, 1979, s. 10.

BEOGRADSKA PLOVIDBA v. EUROSHIP S.A.

[1981] 2 Lloyd's Rep. 186

Practice - Procedure - Plaintiffs claimed demurrage - Plaintiffs applied for summary judgment - Defendants applied to set aside writ - Defendants failed to instruct their solicitors - Course Court should take in circumstances - Rules of Supreme Court, O. 12, O. 14 - Arbitration Act, 1975, s. 1.

KAFFEEHANDELSGESELLSCHAFT K.G. v. PLAGEFIM COMMERCIAL S.A.

[1981] 2 Lloyd's Rep. 190

Arbitration - Award - Application for leave to appeal - Buyers alleged award bad in law - Whether award bore meaning buyers sought to attribute to it - Whether leave to appeal should be granted.

ROYAL PRODUCTS LTD. v. MIDLAND BANK LTD. AND BANK OF VALLETTA LTD.

[1981] 2 Lloyd's Rep. 194

Banking - Transfer of credit - Agency - Plaintiff instructed defendants to transfer an amount of money to BICAL - Defendants instructed third party - BICAL ceased banking operations - Whether plaintiffs' instructions had been carried out - Whether third party agents of defendants - Whether defendants owed plaintiffs duty of care in carrying out transaction - Whether defendants liable for failing to retrieve remittance.

O.T.M. LTD. v. HYDRANAUTICS

[1981] 2 Lloyd's Rep. 211

Contract - Stay of action - Sale of goods - Buyers claimed damages for breach of contract - Buyers obtained judgment in default of defence - Whether contract incorporated Californian arbitration clause - Whether action should be stayed pursuant to Arbitration Act, 1975, s. 1 or inherent jurisdiction of Court - Whether judgment should be set aside.

GREAT ATLANTIC INSURANCE CO. v. HOME INSURANCE CO., AMERICAN FOREIGN INSURANCE ASSOCIATION, C. E. HEATH & CO. (INTERNATIONAL) LTD., FRANK ELGER & CO. AND OTHERS

[1981] 2 Lloyd's Rep. 219

Reinsurance - Quota share reinsurance treaty - First defendants gave brokers underwriting agency- Brokers on behalf of first defendants granted reinsurance facility to fourth defendants - First defendants entered into QSRT with plaintiffs - Whether first defendants entitled to terminate QSRT - Whether brokers had exceeded authority - Whether reinsurance facility agreement valid.

GILL & DUFFUS S.A. v. BERGER & CO. INC.

[1981] 2 Lloyd's Rep. 233

Sale of goods - Non-acceptance - Buyers rejected goods tendered by sellers - Whether goods complied with contractual description - Whether rejection justified - Whether arbitrators intended to find that goods did not conform to description - Whether award should be remitted - Sale of Goods Act, 1893, s. 13 (1).

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

[1981] 2 Lloyd's Rep. 239

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 should be granted - Arbitration Act, 1979, s. 1.

INTRACO LTD. v. NOTIS SHIPPING CORPORATION (THE "BHOJA TRADER")

[1981] 2 Lloyd's Rep. 256

Practice - Mareva injunction - Sale of ship - Bank guarantee - Buyers alleged sellers in breach of contract - Whether buyers entitled to injunction restraining sellers from calling upon bank to make payment - Whether Mareva injunction restraining sellers from dealing with moneys payable under the guarantee should be discharged.

BREMER HANDELSGESELLSCHAFT m.b.H. v. FINAGRAIN, COMPAGNIE COMMERCIALE AGRICOLE ET FINANCIERE S.A.

[1981] 2 Lloyd's Rep. 259

Sale of goods (c.i.f.) - Non-acceptance - Prohibition of export - Sellers unable to deliver goods with June bills of lading - Whether sellers could rely on cl. 22 - Whether buyers waived defects in force majeure notice - Whether buyers entitled to reject goods - GAFTA 100.

SANTA MARTHA BAAY SCHEEPVAART AND HANDELSMAATSCHAPPIJ N.V. v. SCANBULK A/S (THE "RIJN")

[1981] 2 Lloyd's Rep. 267

Charter-party (Time) - Redelivery - Off-hire - Vessel in poor condition - Charterers terminated charter - Vessel redelivered in Galveston instead of at Japanese port - Owners fixed substitute voyage - Whether owners entitled to recover damages for wrongful redelivery - Whether damages should be assessed on laden voyage to Japan - Whether loss of time due to fouling by marine growth should be counted as off hire.

TRANSOCEANIC PETROLEUM CARRIERS v. COOK INDUSTRIES INC. (THE "MARY LOU")

[1981] 2 Lloyd's Rep. 272

Charter-party (Voyage) - Safe port - Charterers nominated New Orleans - Vessel grounded in Southwest Pass - Whether New Orleans a safe port - Whether owners entitled to claim damages - Whether negligence in the handling of the ship and in the decision to take her out on the existing laden draft.

MARITIME TRANSPORT OVERSEAS G.m.b.H. v. UNITRAMP SALEN REDERIERNA A.B. v. ANTAIOS COMPANIA NAVIERA S.A. SALEN DRY CARGO A.B. v. UNITRAMP SAME v. SALEN REDERIERNA A.B. SALEN REDERIERNA A.B. v. SALEN DRY CARGO A.B. UNITRAMP v. SALEN DRY CARGO A.B. SAME v. MARITIME TRANSPORT OVERSEAS G.m.b.H. (THE "ANTAIOS")

[1981] 2 Lloyd's Rep. 284

Charter-party (Time) - War risk insurance - Arabian Gulf declared an additional premium area - Whether charterers liable for whole of additional premium - Whether charterers liable only for increased rate - Whether charterers' liability included increases attributable to Part A (ii) and Part B of the cover. Arbitration - Award - Costs - Arbitrations held at same time before same tribunal - Unsuccessful party ordered to pay costs of successful party in each arbitration - Costs could not be passed on by party successful in one arbitration but not in another - Whether appeal on costs should be allowed.

SCHIFFAHRTSAGENTUR HAMBURG MIDDLE EAST LINE G.m.b.H. v. VIRTUE SHIPPING CORPORATION (THE "OINOUSSIAN VIRTUE") (NO. 2)

[1981] 2 Lloyd's Rep. 300

Charter-party (Time) - War risk insurance - Persian Gulf and Suez Canal declared additional premium areas - Owners elected to maintain full cover including Part B (Blocking and trapping risks) - Whether charterers liable to reimburse owners for additional premium - Whether charterers liable for Part B cover - New York Produce Exchange form.

INTERNATIONAL SEA TANKERS INC. v. HEMISPHERE SHIPPING CO. LTD. (THE "WENJIANG")

[1981] 2 Lloyd's Rep. 308

Arbitration - Award - Application for leave to appeal - Vessel detained in the area of the Shatt - Whether charter-party frustrated - Whether off-hire clause applicable - Whether charterers liable for additional war risk premiums - Whether leave to appeal should be granted on these issues - Arbitration Act 1979, s. 1.

SHELL INTERNATIONAL PETROLEUM CO. LTD. v. CARYL ANTONY VAUGHAN GIBBS (THE "SALEM")

[1981] 2 Lloyd's Rep. 316

Insurance (Marine) - Barratry - Perils of the sea - Takings at sea - Cargo of crude oil insured for voyage from Persian Gulf to Europe - Part of cargo discharged in South Africa - Vessel scuttled in Atlantic - Whether loss of cargo caused by barratry, perils of the sea or takings at sea - Whether loss total or partial - Whether cargo-owners could recover under policy.

PICCININI v. PARTREDERIET TRIGON II (THE "ALFRED TRIGON")

[1981] 2 Lloyd's Rep. 333

Sale of ship - Contract - Vessel sold "free of average damage affecting class" - Defects in tank tops affected class - Buyers effected repairs - Whether buyers could recover costs of the repairs from sellers - Meaning of "average damage".

WACE v. PAN ATLANTIC GROUP INC. AND OTHERS

[1981] 2 Lloyd's Rep. 339

Insurance (Professional Negligence) - Reinsurance - Whether defendants knew that plaintiffs were "fronting" - Whether plaintiff entitled to be indemnified by defendants in respect of claims in the lowest or retention layer - Calculation of annual aggregate deductible.

ANDRE & CIE S.A. v. TRADAX EXPORT S.A.

[1981] 2 Lloyd's Rep. 352

Sale of goods (c.i.f.) - Non-fulfilment - Prohibition of export - Sellers failed to ship balance of September instalment - Whether shipment prevented by U.S. embargo - Whether sellers could rely on cl. 21 - GAFTA 100.

THE "I CONGRESO DEL PARTIDO"

[1981] 2 Lloyd's Rep. 367

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).

REG. v. KELLY AND OTHERS (THE "WINSTON CHURCHILL")

[1981] 2 Lloyd's Rep. 384

Criminal law - Jurisdiction - Offence of criminal damage committed on foreign ship on high seas by British subject - Whether English Courts have jurisdiction - Whether offenders "passengers" on board foreign ship - Merchant Shipping Act 1894, s. 686 (1) - Criminal Damage Act 1971, s. 1 (1).

BANGLADESH CHEMICAL INDUSTRIES CORPORATION v. HENRY STEPHENS SHIPPING CO. LTD. AND TEX-DILAN SHIPPING CO. LTD. (THE "SLS EVEREST")

[1981] 2 Lloyd's Rep. 389

Charter-party (Voyage) - Bill of lading - Loss of vessel and cargo - Service of notice of writ out of jurisdiction - Whether charter-party terms incorporated into bill of lading - Whether contract governed by English law - Whether leave to serve out of jurisdiction should be granted.

POWER CURBER INTERNATIONAL LTD. v. NATIONAL BANK OF KUWAIT S.A.K.

[1981] 2 Lloyd's Rep. 394

Banking - Letter of credit - Proper law - American sellers claimed payment under letter of credit issued by bank in Kuwait - Court in Kuwait forbade payment - Sellers applied for summary judgment - Whether proper law of letter of credit Kuwaiti law - Whether sellers entitled to summary judgment - Whether stay of execution should be granted.

CUMMINS ENGINE CO. LTD. v. DAVIS FREIGHT FORWARDING (HULL) LTD., CHARTERWAY SHIPPING B.V., R.C.A. VAN DER GRAAF AND D. BOERS B.V.

[1981] 2 Lloyd's Rep. 402

Carriage by road - C.M.R. - Successive carriers - Application to set aside third party notice - Damage to trailer and goods - Whether defendants could claim compensation from other carriers - Whether third party notices should be set aside - C.M.R., arts. 34, 36, 37 and 39 - Carriage of Goods by Road Act, 1965.

THE "ROSELINE"

[1981] 2 Lloyd's Rep. 410

Collision - Crossing vessels - Collision off coast of Norfolk in dense fog - Both vessels operating radar sets - Whether vessels being navigated in accordance with Collision Regulations, 1972 - Apportionment of liability.

ITOH & CO. LTD. v. ATLANTSKA PLOVIDBA (THE "GUNDULIC")

[1981] 2 Lloyd's Rep. 418

Charter-party (Voyage) - Damage to cargo - Unseaworthiness - Cargo damaged by entry of seawater - Whether entry caused by defects in hatch covers - Whether personal want of due diligence on part of defendants - Gencon form.

SCANDINAVIAN TRADING TANKER CO. A.B. v. FLOTA PETROLERA ECUATORIANA (THE "SCAPTRADE")

[1981] 2 Lloyd's Rep. 425

Charter-party (Time) - Hire - Non-payment - Withdrawal of vessel - Whether shipowners left it too late before withdrawing vessel - Whether acceptance of late payments on previous occasions created estoppel - Whether charterers entitled to relief from forfeiture.

BLACKGOLD TRADING LTD. OF MONROVIA v. ALMARE S.p.A. DI NAVIGAZIONE OF GENOA (THE "ALMARE SECONDA" AND "ALMARE QUINTA")

[1981] 2 Lloyd's Rep. 433

Charter-party (Voyage) - Cancellation - Vessel failed to arrive at loading point by expected readiness date - Charterers made alternative arrangements - Charterers cancelled contracts - Whether charterers could claim damages for owners' breach of charter - Measure of damages.

PAAL WILSON & CO. A/S v. PARTENREEDEREI HANNAH BLUMENTHAL (THE "HANNAH BLUMENTHAL")

[1981] 2 Lloyd's Rep. 438

Arbitration - Injunction - Delay in prosecution - Whether declaration that arbitration agreement discharged by reason of defendants' repudiation should be granted - Whether injunction restraining defendants from proceeding with arbitration should be granted - Whether plaintiff entitled to damages.

BLACK CLAWSON INTERNATIONAL LTD. v. PAPIERWERKE WALDHOF-ASCHAFFENBURG A.G.

[1981] 2 Lloyd's Rep. 446

Arbitration - Conflict of laws - Proper law - Frustration - Award remitted by Court in Zurich - Issues between buyers and sellers 15 years old - Whether sellers had good arguable case that arbitration agreement frustrated - Whether sellers entitled to injunction restraining buyers from taking further steps in the reference - Whether arbitration agreement governed by English law - Whether English Court forum conveniens.

CLIPPER MARITIME CO. LTD. OF MONROVIA v. MINERALIMPORTEXPORT (THE "MARIE LEONHARDT")

[1981] 2 Lloyd's Rep. 458

Practice - Mareva injunction - Defendants' assets included ship - Ship on time charter to defendants and probably being loaded at port of Barry in Wales - Effect of injunction upon movement of ship and upon port authority.

INTEGRATED CONTAINER SERVICE INC. v. BRITISH TRADERS INSURANCE CO. LTD.

[1981] 2 Lloyd's Rep. 460

Insurance (Marine) - Sue and labour clause - Plaintiffs insured intermodal freight containers - Containers leased to lessee - Lessee adjudged bankrupt - Plaintiffs recovered leased containers- Whether plaintiffs could claim recovery costs under policy - Whether sue and labour clause applicable.

COMPAGNIE DE RENFLOUEMENT DE RECUPERATION ET DE TRAVAUX SOUS-MARINS V.S. BAROUKH ET CIE v. W. SEYMOUR PLANT SALES & HIRE LTD., VOLF PLANT SERVICES S.A. AND WILLIAM SEYMOUR

[1981] 2 Lloyd's Rep. 466

Sale of goods - Non-delivery - Repudiation - Sellers resold goods to third party - Whether buyers repudiated contract - Whether buyers entitled to damages - Whether sale by sellers to intermediate party and then to third party tort of conspiracy - Whether buyers could claim damages.

BREMER HANDELSGESELLSCHAFT m.b.H. v. ARCHER DANIELS MIDLAND INTERNATIONAL S.A.

[1981] 2 Lloyd's Rep. 483

Sale of goods (c.i.f.) - Force majeure - Date of default - Sellers failed to give notice of appropriation in respect of April shipment - Whether shipment period extended by virtue of force majeure clause - Date of default applicable - Whether award should be remitted for further findings - GAFTA 100.

ITALMARE SHIPPING CO. v. OCEAN TANKER CO. INC. (THE "RIO SUN")

[1981] 2 Lloyd's Rep. 489

Arbitration - Award - Leave to appeal - Charterers made deductions from hire - Owners withdrew vessel without giving 48 hours' notice - Whether charterers had waived need for any notice - Whether leave to appeal against award should be given - Arbitration Act, 1979.

HITACHI SHIPBUILDING & ENGINEERING CO. LTD. v. VIAFIEL COMPANIA NAVIERA S.A.

[1981] 2 Lloyd's Rep. 498

Practice - Shipbuilding contract - Arbitration - Application for security for costs - Dispute between shipbuilders and buyers referred to arbitration - Shipbuilders applied for security for their costs of arbitration - Whether application should be granted - Effect of Mareva injunction granted to shipbuilders against buyers.

KUWAIT OIL CO. (K.S.C.) v. IDEMITSU TANKERS KK. (THE "HIDA MARU")

[1981] 2 Lloyd's Rep. 510

Practice - Stay of action - Japanese vessel caused damage to port installations in Kuwait - Plaintiffs brought action in England - Plaintiffs' affidavit in support of R.S.C., O. 11 not full enough - Whether writ should be set aside - Whether Kuwait more natural forum - Whether English proceedings should be stayed.

ANNIE FOX AND OTHERS v. P. G. WELLFAIR LTD. (in liquidation) PHILIP FISHER AND ANOTHER v. P. G. WELLFAIR LTD. (in liquidation)

[1981] 2 Lloyd's Rep. 514

Arbitration - Arbitrator Misconduct - Removal - Application to set aside award or remove arbitrator for misconduct - Whether arbitrator had failed to provide applicants with fair hearing - Whether arbitrator should be removed - Whether awards should be set aside.

THE "SILIA"

[1981] 2 Lloyd's Rep. 534

Admiralty practice - Appraisement and sale of vessel - Oil in vessel's tanks sold with vessel - Whether oil part of ship - Plaintiffs obtained leave to enforce award as judgment - Whether proceeds of sale of oil available to plaintiffs for purpose of enforcing their judgment.

THE "EL AMRIA" AND "EL MINIA"

[1981] 2 Lloyd's Rep. 539

Admiralty practice - Stay of action - Damage to cargo - Cargo-owners brought action in England - Whether contract of carriage contained exclusive jurisdiction clause - Whether action should have been brought in Egypt - Whether application for stay should be granted.

THE "JEMRIX"

[1981] 2 Lloyd's Rep. 544

Admiralty practice - Stay of action - Arbitration clause in charter-party - Damage to cargo - Cargo-owners claimed damages - Shipowners claimed indemnity from charterers in third party proceedings - Disputes between shipowners and charterers to be referred to arbitration - Whether application for stay of third party proceedings should be granted.

THE "TOLUCA"

[1981] 2 Lloyd's Rep. 548

Collision - Crossing vessels - Collision in narrow channel - Whether vessels at fault in navigating channel - Liability for collision - Apportionment of blame.

FILIKOS SHIPPING CORPORATION OF MONROVIA v. SHIPMAIR B.V. (THE "FILIKOS")

[1981] 2 Lloyd's Rep. 555

Charter-party (Time) - Limitation of liability - Damage to cargo - Owners settled claims by receivers - Whether owners could claim indemnity from charterers - Whether charterers could limit their liability.

COMPANIA NAVIERA GENERAL S.A. v. KERAMETAL LTD. (THE "LORNA I")

[1981] 2 Lloyd's Rep. 559

Charter-party (Voyage) - Freight - Loss of vessel and cargo - 75 per cent. of freight to be paid within five days of signing of bills of lading - Contract frustrated - Whether instalment of freight due before contract frustrated - Whether owners entitled to payment of freight.

CORAL NAVIGATION INC. v. AVIN CHARTERING S.A. (THE "KWAI")

[1981] 2 Lloyd's Rep. 563

Arbitration - Award - Leave to appeal - Demurrage - Dispute as to the rate at which demurrage was payable - Whether application for leave to appeal against arbitration award should be granted.

IMPEX TRANSPORT AKTIESELSKABET v. A. G. THAMES HOLDINGS LTD. (T/A JOHN GIBB & SONS)

[1981] 2 Lloyd's Rep. 566

Carriage by road - C.M.R. - Limitation of time - Plaintiffs claimed balance of freight - Defendants alleged damage to consignments - Whether defendants' right of action was exercised by counterclaim before expiry of limitation period - Whether defendants' affidavit amounted to an exercise of their right of action - C.M.R. art. 32.

SOTIROS SHIPPING INC. AND AECO MARITIME S.A. v. SAMEIET SOLHOLT (THE "SOLHOLT")

[1981] 2 Lloyd's Rep. 574

Sale of ship - Cancellation - Sellers failed to tender vessel in time - Buyers entitled to cancel contract and return of deposit - Whether buyers could claim higher rate of interest on deposit - Whether buyers entitled to damages - Whether buyers took steps to mitigate their loss.

PETER CREMER v. GRANARIA B.V. GRANARIA B.V. v. C. SCHWARZE

[1981] 2 Lloyd's Rep. 583

Sale of goods (c.i.f.) - Non-appropriation - Sellers failed to appropriate goods in respect of balance of June instalment - Whether buyers had waived rights to insist on June bills of lading - Whether buyers' claim for damages for non-appropriation time barred - GAFTA 100, GAFTA 125.

ASTRO EXITO NAVEGACION S.A. v. SOUTHLAND ENTERPRISE CO. LTD. AND NAN JONG IRON AND STEEL CO. LTD. (THE "MESSINIAKI TOLMI")

[1981] 2 Lloyd's Rep. 595

Sale of ship - Stay of action - Contempt of Court - Cancellation of contract - Sellers applied for specific performance - Buyers applied for stay - Stay granted subject to certain orders being complied with - Buyers failed to comply - Buyers appealed against order - Whether buyers in contempt - Whether sellers' application for a stay should be granted.

REG. v. SWAN HUNTER SHIPBUILDERS LTD. AND TELEMETER INSTALLATIONS LTD. (THE "H.M.S. GLASGOW")

[1981] 2 Lloyd's Rep. 605

Criminal law - Employers' liability - Duty of care - Vessel under construction - Fire occurred on vessel causing loss of lives - Whether shipbuilders under a duty to ensure that non-employees not exposed to risk to health and safety - Whether leave to appeal against sentence should be granted - Health and Safety at Work Act, 1974, ss. 1, 2 and 3.

KODROS SHIPPING CORPORATION v. EMPRESA CUBANA DE FLETES (THE "EVIA" (NO. 2))

[1981] 2 Lloyd's Rep. 613

Charter-party (Time) - Frustration - Safe port - Vessel ordered to Basrah - Vessel trapped in Shatt-al-Arab area owing to hostilities between Iran and Iraq - Whether charter frustrated - Whether frustration self-induced - Whether charter excluded frustration.

EASTERN MEDITERRANEAN MARITIME (LIECHTENSTEIN) LTD. v. UNIMARINE S.A. (THE "MARIKA M")

[1981] 2 Lloyd's Rep. 622

Charter-party (Time) - Off hire - Vessel grounded and missed allocation of berth - Vessel refloated but had to wait for berth - Whether vessel off hire during that period - Whether charterers liable to pay hire.

KODROS SHIPPING CORPORATION v. EMPRESA CUBANA DE FLETES (THE "EVIA")

[1981] 2 Lloyd's Rep. 627

Arbitration - Award - Leave to appeal - Vessel prevented from leaving River Shatt - Whether charter-party frustrated - Whether charterers in breach of safe port warranty - Whether leave to appeal against award should be given.

JAMES ALLEN (LIVERPOOL) LTD. v. LONDON EXPORT CORPORATION LTD.

[1981] 2 Lloyd's Rep. 632

Arbitration - Award - Costs - Board of Appeal refused parties legal representation - No order made as to apportionment of legal costs between the parties - Each party to bear own lawyer's costs - Whether rule inflexible - Whether award should be remitted for reconsideration.

SCHIFFAHRT-UND KOHLEN G.m.b.H. v. CHELSEA MARITIME LTD. (THE "IRENE'S SUCCESS")

[1981] 2 Lloyd's Rep. 635

Carriage by sea - Bill of lading - Damage to cargo - Plaintiffs alleged damage caused by defendants' negligence - Plaintiffs never became holders of bill of lading - Whether plaintiffs could sue in tort.

PETER CREMER G.m.b.H. & CO. v. SUGAT FOOD INDUSTRIES LTD. (THE "RIMON")

[1981] 2 Lloyd's Rep. 640

Arbitration - Award - Commencement - Technical misconduct - Leave to appeal - Whether arbitration commenced before Aug. 1, 1979 - Whether Arbitration Act, 1979, or Arbitration Act, 1950, applicable - Whether award should be set aside or remitted for technical misconduct - Whether leave to appeal should be given.

CLEVELAND MANUFACTURING CO. LTD. v. MUSLIM COMMERCIAL BANK LTD.

[1981] 2 Lloyd's Rep. 646

Banking - Letter of credit - Forwarding agents prepared documents and sight draft - Agents endorsed draft in blank - Payment made to agents - Agents insolvent - Whether plaintiffs could claim payment under letter of credit.

EUROPEAN ASIAN BANK A.G. v. PUNJAB AND SIND BANK

[1981] 2 Lloyd's Rep. 651

Banking - Letter of credit - Non-payment - Stay of action - Indian buyers purchased cloves from Singapore sellers - Buyers informed vessel and cargo lost - Buyers obtained injunction in Indian Court restraining defendants from paying under letter of credit - Plaintiffs brought action in England - Whether India or Singapore more appropriate forum - Whether English action should be stayed.

LAMPORT & HOLT LINES LTD. v. COUBRO & SCRUTTON (M. & I.) LTD. AND COUBRO & SCRUTTON (RIGGERS AND SHIPWRIGHTS) LTD. (THE "RAPHAEL")

[1981] 2 Lloyd's Rep. 659

Contract - Exclusion clause - Damage to vessel - Derrick being restowed on vessel fell causing damage - Whether defendants' standard terms and conditions incorporated into contract - Whether defendants could rely on exclusion clause.

GRUNDY (TEDDINGTON) LTD. v. FULTON

[1981] 2 Lloyd's Rep. 666

Insurance (Burglary) - Theft - Whether goods stolen from yard or in transit - Whether "theft" should be given same meaning as in criminal law - Whether plaintiffs could claim under policy.

R. PAGNAN & F.LLI. v. LEBANESE ORGANISATION FOR INTERNATIONAL COMMERCE (THE "CALORIC")

[1981] 2 Lloyd's Rep. 675

Sale of goods (c.i.f.) - Non-delivery - Sellers in default - Buyers fulfilled commitments out of another shipment - Lost opportunity to supply spot market - Buyers claimed damages from sellers - Measure of damages for default.

KARLSHAMNS OLJE FABRIKER v. EASTPORT NAVIGATION CORPORATION (THE "ELAFI")

[1981] 2 Lloyd's Rep. 679

Sale of goods (c.i.f.) - Damage to cargo - Bill of lading - Title to sue - Receivers claimed damages from shipowners - Whether receivers became owners of goods on completion of discharge at Hamburg - Whether receivers entitled to sue - Bill of Lading Act, 1855.

CONGIMEX COMPANHIA GERAL DE COMERCIO IMPORTADORA E EXPORTADORA, S.A.R.L. v. TRADAX EXPORT S.A.

[1981] 2 Lloyd's Rep. 687

Sale of goods (c.i.f.) - Non-acceptance - Buyers unable to obtain BRI - Goods could not be imported into Portugal - Buyers rejected documents - Whether discharge at Lisbon part of performance of contract - Whether sellers tendered effective bill of lading - Whether buyers entitled to reject documents - Whether contract frustrated.

SOCIETE ITALO-BELGE POUR LE COMMERCE ET L'INDUSTRIE v. PALM AND VEGETABLE OILS (MALAYSIA) SDN. BHD. (THE "POST CHASER")

[1981] 2 Lloyd's Rep. 695

Sale of goods (c.i.f.) - Non-acceptance - Sellers failed to make declaration as soon as possible after vessel sailed - Whether a condition of the contract - Whether sellers in default - Whether buyers entitled to reject documents - Whether buyers waived right to do so.

Lloyd's Law Reports