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SHELL CO. OF AUSTRALIA LTD. v. NAT SHIPPING BAGGING SERVICES LTD. (THE “KILMUN”)

[1988] 2 Lloyd's Rep. 1

Charter-party (Voyage) - Construction - Contract for sale of alumina - Plaintiffs obliged to procure shipment - Whether plaintiffs a party to charter-party with defendant owners - Whether plaintiffs ratified conclusion of charter.

SABAH FLOUR AND FEEDMILLS SDN BHD v. COMFEZ LTD.

[1988] 2 Lloyd's Rep. 18

Charter-party (Voyage) - Limitation of time - Clause in charter required cargo claims to be brought within 12 months - Arbitration clause required claims to be made and arbitrator to be appointed within six months - Combined effect of clauses - Whether arbitration proceedings brought within time.

PROCTER & GAMBLE PHILIPPINE MANUFACTURING CORPORATION v. KURT A. BECHER G.m.b.H. & CO. K.G.

[1988] 2 Lloyd's Rep. 21

Sale of goods (c.i.f.) - Rejection - Bills of lading incorrectly dated - Payment to be effected under all contractual reserves - Buyers paid 98 per cent. of contract price - Whether buyers lost right to reject - Whether incorrectly dated bills of lading a breach of condition - Whether buyers entitled to repayment of purchase price.

TOGO AMUSEMENTS CORPORATION SARL AND ANOTHER v. ESTONIAN SHIPPING CO. (THE “VASILIY SHELGUNOV”)

[1988] 2 Lloyd's Rep. 34

Admiralty practice - Costs - Payment into Court - Damage to cargo of sugar - Plaintiffs accepted payment 20 days later - Whether acceptance within a reasonable time - Whether plaintiffs entitled to their costs up to date of acceptance - R.S.C., O. 22, r. 3.

THE “IRAN TORAB”

[1988] 2 Lloyd's Rep. 38

Collision - Overtaking vessels - Collision in Khor Musa bar channel - Duty of overtaking ship to keep out of way of overtaken ship - Overtaking ship failed to keep proper lookout - Whether overtaken ship should have altered course - Liability for collision - Apportionment.

BANK MELLAT v. GAA DEVELOPMENT AND CONSTRUCTION CO.

[1988] 2 Lloyd's Rep. 44

Arbitration - Award - Misconduct - Dispute under construction contract referred to arbitration by ICC - Majority arbitrators refused to convene further meeting - Whether award should be set aside on ground of misconduct - Whether award could be enforced - Arbitration Act, 1950 s. 23(2), s. 26(1).

FOOD CORPORATION OF INDIA v. ACHILLES HALCOUSSIS (THE “PETROS HADJIKYRIAKOS”)

[1988] 2 Lloyd's Rep. 56

Arbitration - Award - Remission - Jurisdiction - Disputes under charter referred to arbitration - Whether award should be remitted - Whether arbitrators had jurisdiction to determine issue on elevator overtime.

OVERSEAS UNION INSURANCE LTD. v. AA MUTUAL INTERNATIONAL INSURANCE CO. LTD.

[1988] 2 Lloyd's Rep. 63

Reinsurance - Stay of action - Arbitration clause - Defendants claimed under reinsurance agreement and appointed arbitrator - Plaintiffs denied liability alleging oral agreement - Whether oral agreement a collateral agreement - Whether reinsurance agreement should be rectified - Whether claims within the scope of the arbitration clause - Whether agreement illegal - Whether action should be stayed - Arbitration Act, 1975, s.1.

ASHVILLE INVESTMENTS LTD v. ELMER CONTRACTORS LTD

[1988] 2 Lloyd's Rep. 73

PRACTICE DIRECTION Commercial Court Waiting List

[1988] 2 Lloyd's Rep. 91

FOOD CORPORATION OF INDIA v. ANTCLIZO SHIPPING CORPORATION (THE “ANTCLIZO”)

[1988] 2 Lloyd's Rep. 93

Arbitration - Injunction - Delay in prosecution - Disputes on laytime demurrage and despatch referred to arbitration - No communication between parties for about eight years - Arbitrators closed their files - Whether arbitration agreement abandoned by mutual consent - Whether injunction restraining defendants from proceeding with arbitration should be granted.

MARC RICH & CO. LTD. v. TOURLOTI COMPANIA NAVIERA S.A. (THE “KALLIOPI A”)

[1988] 2 Lloyd's Rep. 101

Charter-party (Voyage) - Demurrage - Vessel anchored at pilot station due to non-availability of discharging berth - Laytime expired while vessel at pilot station - Whether charterers’ liability for demurrage excluded by “restraint of princes” clause.

DIDYMI CORPORATION v. ATLANTIC LINES AND NAVIGATION CO. INC. (THE DIDYMI)

[1988] 2 Lloyd's Rep. 108

Charter-party (Time) - Speed and consumption - Clause in charter that owners to be indemnified by increase in hire if vessel maintained better speed and consumption - Whether clause enforceable - Whether owners suffered any loss - Assessment of performance and indemnity.

KEIKO HOLMES v. BANGLADESH BIMAN CORPORATION

[1988] 2 Lloyd's Rep. 120

Carriage by air - Jurisdiction - Deceased on internal Bangladesh flight - Aircraft crashed and deceased killed - Plaintiff claimed damages from defendant carriers - Whether plaintiff could invoke jurisdiction of English Court in relation to non-international carriage - Whether schedule 1 to Carriage by Air Acts (Application of Provisions) Order 1967 applied.

NATIONAL BANK OF GREECE S.A. v. PINIOS SHIPPING CO. NO. 1 AND GEORGE DIONYSIOS TSITSILIANIS (THE “MAIRA”) NO. 3

[1988] 2 Lloyd's Rep. 126

Practice - Interest - Total loss of vessel - Vessel under-insured - Bank mortgagees obtained judgment plus interest - Whether bank entitled to compound interest - Whether bank under duty to ensure vessel not under-insured.

TRANSGRAIN SHIPPING B.V. v. GLOBAL TRANSPORTE OCEANICO S.A. (THE “MEXICO 1”)

[1988] 2 Lloyd's Rep. 149

Charter-party (Voyage) - Laytime - Notice of readiness to discharge - Cargo overstowed by other cargo - Notice of readiness given on Jan. 20 - Cargo did not become accessible until Feb. 6 and Feb. 19 - Cargo discharged on Feb. 19 - Date of commencement of laytime - Whether notice of readiness valid.

INTERBULK LTD. v. PONTE DEI SOSPIRI SHIPPING CO. (THE “STANDARD ARDOUR”)

[1988] 2 Lloyd's Rep. 159

Charter-party (Time) - Limitation of time - Non-payment of hire - Owners’ claim referred to arbitration - Charterers counterclaimed alleging delays caused by unfitness of vessel and claiming indemnity in respect of liability to shippers and terminal authorities - Whether charterers’ claim time barred - Whether United States Carriage of Goods by Sea Act applied to charterers’ counterclaim - Whether application for extension of time should be granted - Arbitration Act, 1950 s. 27.

SINGER CO. (U.K.) LTD. AND ANOTHER v. TEES AND HARTLEPOOL PORT AUTHORITY

[1988] 2 Lloyd's Rep. 164

Contract - Limitation of liability - Exception clause - Damage caused to cargo during loading operation - Plaintiffs claimed against port authority - Whether port authority could rely on its general conditions - Whether port authority entitled to exclude or limit liability - Unfair Contract Terms Act, 1977.

MARCAN SHIPPING (LONDON) LTD. v. POLISH STEAMSHIP CO. (THE “MANIFEST LIPKOWY”)

[1988] 2 Lloyd's Rep. 171

Shipbroker - Commission - Sale and purchases of vessel - Shipbrokers negotiated contract - Vessel not ready for delivery by cancelling date - Buyers cancelled contract - Whether shipbrokers entitled to damages for breach of implied term that sellers would not do anything to deprive shipbrokers of their opportunity to earn commission.

STATE TRADING CORPORATION OF INDIA LTD. v. M. GOLODETZ LTD.

[1988] 2 Lloyd's Rep. 182

Sale of goods (c. & f.) - Non-performance - Sale and purchase of goods afloat - Buyers failed to open letter of credit and sellers failed to open counter-trade guarantee - Whether buyers excused from liability - Whether sellers’ obligation to open counter-trade guarantee a condition.

THE “RIVER RIMA”

[1988] 2 Lloyd's Rep. 193

Admiralty practice - Jurisdiction - Action in rem - Plaintiffs claimed damages for conversion of containers and failure to maintain and keep in good repair - Whether containers “goods supplied to ship for her operation” - Whether Court had jurisdiction to hear action - Supreme Court Act, 1981, s. 20(2)(m).

FERCOMETAL S.A.R.L. v. MSC MEDITERRANEAN SHIPPING CO. S.A. (THE “SIMONA”)

[1988] 2 Lloyd's Rep. 199

Arbitration - Award - Burden of proof - Owners alleged non-performance - Whether vessel could have commenced loading by cancelling date - Whether onus of proof on owners - Whether charterers entitled to cancel charter.

MITSUI & CO. LTD. AND ANOTHER v. FLOTA MERCANTE GRANCOLOMBIANA S.A. (THE “CIUDAD DE PASTO” AND “CIUDAD DE NEIVA”)

[1988] 2 Lloyd's Rep. 208

Carriage by sea - Damage to cargo - Cargo transhipped into another vessel - Cargo found damaged on discharge - Plaintiffs claimed damages - Negotiations between parties’ solicitors - Whether action settled - Whether plaintiffs had title to sue - Whether damage occurred while cargo in custody of defendants - Whether defendants liable.

ASTRO EXITO NAVEGACION S.A. v. CHASE MANHATTAN BANK N.A. (THE “MESSINIAKI TOLMI”)

[1988] 2 Lloyd's Rep. 217

Sale of ship - Banking - Letter of credit - Rejection of documents - Allegations of discrepancies in documents - Whether bank entitled to reject documents and refuse payment under letter of credit.

METAL SCRAP TRADE CORPORATION LTD. v. KATE SHIPPING CO. LTD. (THE “GLADYS”)

[1988] 2 Lloyd's Rep. 221

Practice - Procedure - Sale of ship - Dispute referred to arbitration - Buyers issued originating summons claiming a declaration that there was no contract and or arbitration agreement - Sellers served counterclaim - Whether counterclaim should be struck out - Whether buyers should serve reply and defence to counterclaim.

DORIS BRADLEY v. EAGLE STAR INSURANCE CO. LTD.

[1988] 2 Lloyd's Rep. 233

Practice - Discovery - Insurance (Employers’ liability) - Personal injury - Plaintiff employee claimed damages - Employers voluntarily wound up and dissolved - Whether plaintiff could bring action against employers’ insurers - Third Parties (Rights against Insurers) Act, 1930.

E. I. DU PONT DE NEMOURS & CO. AND ENDO LABORATORIES INC. v. I. C. AGNEW AND OTHERS (No. 2)

[1988] 2 Lloyd's Rep. 240

Practice - Injunction - Insurance (Product liability) - Claim under product liability insurance - Proceedings commenced in Illinois and England - Whether plaintiffs entitled to injunctions restraining defendants from further proceeding with the action in Illinois - Whether plaintiffs entitled to declaration that defendants liable to indemnify them - Whether injunction preventing enforcement or application of decision of Illinois Court should be granted.

CO-OPERATIVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A. (“RABOBANK NEDERLAND”) v. THE SUMITOMO BANK LTD. (THE “ROYAN”, “ABUQIR”, “BRETAGNE” AND “AUVERGNE”)

[1988] 2 Lloyd's Rep. 250

Banking - Letter of credit - Construction - Beneficiary bank presented documents to confirming bank - Documents did not comply with letter of credit - Confirming bank paid under reserve - Issuing bank later accepted documents - Whether beneficiary bank liable for financing charges arising out of late acceptance - Date on which final 10 per cent. to be paid.

THE “SYDNEY EXPRESS”

[1988] 2 Lloyd's Rep. 257

Admiralty practice - Stay of action - Disputes to be referred to Courts in Bremen - Damage to cargo - Writ served but vessel not arrested - Whether defendants submitted to jurisdiction of English Court - Whether action should be stayed - Civil Jurisdiction and Judgments Act, 1982.

FERRUZZI FRANCE S.A. AND FERRUZZI S.p.A. v. OCEANIA MARITIME INC (THE “PALMEA”)

[1988] 2 Lloyd's Rep. 261

Carriage by sea - Delay - Vessel collided with mooring buoy and sustained damage - Delay in commencing repairs to vessel - Plaintiffs arranged discharge and on-carriage of cargo - Whether plaintiffs could recover costs from defendants.

KATZENSTEIN ADLER INDUSTRIES (1975) LTD. v. BORCHARD LINES LTD. AND OTHERS (THE “JOANNA BORCHARD”)

[1988] 2 Lloyd's Rep. 274

Practice - Application to strike out - Damage to cargo - Plaintiffs incorrectly named in writ - Plaintiffs amended writ - Whether plaintiffs entitled to make amendment - Whether amendment related back to date of issue of writ - Whether amendment should be struck out - R.S.C., O. 20.

T. O’DONOGHUE LTD v. BRIAN MALCOLM HARDING AND EDGAR HAMILTON & CARTER LTD.

[1988] 2 Lloyd's Rep. 281

Insurance (Jewellers’ Block Policy) - Theft - Jewellers’ stock case disappeared - Whether loss occurred while travelling representative paying for petrol - Whether loss within policy - Whether vehicle unattended - Whether insurers liable under policy.

PRACTICE DIRECTION

[1988] 2 Lloyd's Rep. 291

PRACTICE NOTE

[1988] 2 Lloyd's Rep. 292

DEUTSCHE SCHACHTBAU-UND TIEFBOHRGESELLSCHAFT m.b.H. v. RAS AL KHAIMAH NATIONAL OIL CO. AND SHELL INTERNATIONAL PETROLEUM CO. LTD. (Nos. 1 and 2).

[1988] 2 Lloyd's Rep. 293

Arbitration - Award - Enforcement - Mareva injunction - Plaintiffs obtained arbitration award in Switzerland - English interveners bought oil from defendants - Plaintiffs sought to satisfy award out of payments - Injunction granted freezing defendants’ assets - Whether injunction should be discharged - Whether award should be enforced - Arbitration Act, 1950, s. 26 - Arbitration Act, 1975, s. 5. Practice - Garnishee proceedings - Application for garnishee order to be made absolute - Relationship of creditor and debtor between judgment debtor and garnishee - Whether judgment debtor beneficially entitled to debt - Whether Court had jurisdiction to make order absolute - Whether Court should exercise its discretion in making order absolute.

THE “OURO FINO”

[1988] 2 Lloyd's Rep. 325

Collision - Liability - Collision with barge in River Schelde - Whether barge anchored in an improper position - Whether failure of barge to exhibit anchor lights causative of collision - Whether vessel failed to keep proper lookout - Whether vessel guilty of other faults in navigation - Apportionment of liability.

VAGRES COMPANIA MARITIMA S.A. v. NISSHO-IWAI AMERICAN CORPORATION (THE “KARIN VATIS”)

[1988] 2 Lloyd's Rep. 330

Charter-party (Voyage) - Freight - Vessel carried additional cargo - Charterers paid 95 per cent. of freight - Vessel lost on voyage - Whether owners entitled to last 5 per cent. of freight and accrued load port demurrage - Whether owners entitled to additional freight for additional cargo.

C.A. VENEZOLANA DE NAVEGACION v. BANK LINE LTD. (THE “ROACHBANK”)

[1988] 2 Lloyd's Rep. 337

Charter-party (Time) - Off-hire - Vessel embarked refugees - Port authorities refused to allow vessel to berth without bank guarantees - Whether vessel off-hire - Whether vessel prevented from full working by presence of refugees.

NORWEGIAN AMERICAN CRUISES A/S (formerly NORWEGIAN AMERICAN LINES A/S) v. PAUL MUNDY LTD. (THE “VISTAFJORD”)

[1988] 2 Lloyd's Rep. 343

Charter-party (Time) - Commission - Estoppel by convention - Defendants general passenger sales agent for plaintiffs - Defendants arranged time charter and agreed to sub-charter vessel - Whether plaintiffs estopped by convention from denying defendants entitled to commission on time charter. Practice - Costs - Very late re-amendment - Defendants succeeded on re-amendment - Awarded one quarter of costs - Whether discretion on costs properly exercised.

PETRACO (BERMUDA) LTD. v. PETROMED INTERNATIONAL S.A. AND BEVERLI S.A.

[1988] 2 Lloyd's Rep. 357

Arbitration - Award - Leave to appeal - Sale of crude oil (f.o.b.) - Non-delivery - Burden of proving buyers unable to provide a ship in time - Whether issue argued before arbitrator - Whether leave to appeal should be granted.

SAIPEM S.p.A. v. DREDGING VO2 B.V. AND GEOSITE SURVEYS LTD. (THE “VOLVOX HOLLANDIA”)

[1988] 2 Lloyd's Rep. 361

Practice - Application to set aside - Damage to pipeline - Legal proceedings pending in Rotterdam - Proceedings brought in England - Leave to serve writ out of jurisdiction granted - Whether England appropriate forum - Whether application to set aside or stay the actions should be granted.

ALI v. FURNESS WITHY (SHIPPING) LTD.

[1988] 2 Lloyd's Rep. 379

Negligence - Damages - Seaman suffering from paranoid psychosis - Physically restrained by being secured in stretcher - Went through port-hole - Whether master negligent - Whether plaintiffs entitled to damages for death of seaman.

SMIT TAK INTERNATIONAL ZEESLEEPEN BERGINGSBEDRIJF B.V. v. SELCO SALVAGE LTD. AND OTHERS

[1988] 2 Lloyd's Rep. 398

Salvage - Remuneration - Plaintiffs and defendants co-operated in salvaging a number of ships - Defendants assigned its rights to bank - Plaintiffs entitled to set-off - Date at which right of set-off could be exercised - Whether effect should be given to equitable doctrine of marshalling - Whether enquiry as to damages should be ordered.

THE “EVPO AGNIC”

[1988] 2 Lloyd's Rep. 411

Admiralty practice - Action in rem - Application to set aside - Plaintiffs arrested putative sister ship in respect of their claim for loss of cargo - Whether owners of vessel in respect of which claim arose beneficial owners of sister ship - Whether writ and warrant of arrest should be set aside - Supreme Court Act, 1981 ss. 20-24.

NAVROM v. CALLITSIS SHIP MANAGEMENT S.A. (THE “RADAUTI”)

[1988] 2 Lloyd's Rep. 416

Charter-party (Voyage) - Demurrage - Time lost in waiting for berth to count as laytime - Vessel waiting for berth due to congestion - Whether laytime ran during whole or part of period - Whether charterers liable for demurrage.

BELGRAVIA NAVIGATION CO. S.A. v. CANNOR SHIPPING LTD. (THE “TROLL PARK”)

[1988] 2 Lloyd's Rep. 423

Arbitration - Arbitrator - Misdirection - Sale of ship - Vessel described in contract as built in 1971 - Certificate of registry showed date as 1970 - Arbitrator found no mis-description - Whether arbitrator had misdirected himself - Whether decision one no reasonable arbitrator could have made.

CIRCLE FREIGHT INTERNATIONAL LTD. (T/A MOGUL AIR) v. MEDEAST GULF EXPORTS LTD. (T/A GULF EXPORT)

[1988] 2 Lloyd's Rep. 427

Carriage by road - Exclusion clause - Theft of goods from vehicle left unattended - Whether carriage subject to standard trading conditions of Institute of Freight Forwarders - Whether vehicle driver guilty of wilful neglect - Whether plaintiffs entitled to limit liability for defendants’ loss.

BABANAFT INTERNATIONAL CO. S.A. v. BAHAEDINE BASSATNE AND WALID MOHAMED BASSATNE

[1988] 2 Lloyd's Rep. 435

Practice - Mareva injunction - Judgment obtained against plaintiffs - Plaintiffs alleged defendants jointly and severally liable to indemnify them in respect of judgment debt - Application for Mareva injunction - Whether injunction should be extended to cover assets outside jurisdiction.

THE “DEICHLAND”

[1988] 2 Lloyd's Rep. 454

Admiralty practice - Action in rem - Jurisdiction - Damage to cargo - Plaintiffs applied for judgment in default of acknowledgement - Defendants domiciled in Federal Republic of Germany - Whether Court had jurisdiction - Whether Court should decline jurisdiction - Civil Jurisdiction and Judgments Act 1982.

THE “MAWAN” NOW NAMED “MARA”

[1988] 2 Lloyd's Rep. 459

Admiralty practice - Action in rem - Application to set aside - Loss of cargo - Vessel sold after writ in rem issued - Plaintiffs arrested vessel - New owners entered acknowledgment of service - Whether new owners should have intervened in action - Whether plaintiffs entitled to bring action against vessel - Whether writ and warrant of arrest should be set aside.

THE “JANGMI” KNOWN AS “GRIGORPAN”

[1988] 2 Lloyd's Rep. 462

Admiralty practice - Action in rem - Application to set aside - Damage to cargo - Date of voyage changed in writ - Validity of writ extended - Whether particulars of general endorsement on writ defective - Whether change in date a new cause of action - Whether writ should have been extended - Whether writ should be set aside.

ADELFAMAR S.A. v. SILOS E MANGIMI MARTINI S.p.A. (THE “ADELFA”)

[1988] 2 Lloyd's Rep. 466

Charter-party (Voyage) - Non-acceptance - Receivers alleged damage to cargo - Vessel arrested - Local authorities banned landing of cargo - Owners incurred costs in securing release of vessel - Whether owners entitled to compensation from charterers.

OCEAN STAR TANKERS S.A. v. TOTAL TRANSPORT CORPORATION OF LIBERIA LTD. (THE “TAYGETOS”) (No. 2)

[1988] 2 Lloyd's Rep. 474

Charter-party (Time) - War risks - Crew war bonus and repatriation expenses - Iran-Iraq war - Vessel made three voyages to Arabian Gulf - Owners paid crew bonuses and incurred repatriation and replacement crew expenses - Whether owners could recover from charterers amounts so paid.

PALM SHIPPING INC v. VITOL S.A. (THE “UNIVERSAL MONARCH”)

[1988] 2 Lloyd's Rep. 483

Charter-party (Voyage) - Safe port - Vessel unable to berth at Leixoes without full quota of six tugs - Owners sought to recover costs of extra tugs - Whether charterers in breach of safe port warranty.

TANKREDEREI AHRENKEIL G.m.b.H. v. FRAHUIL S.A. (THE “MULTITANK HOLSATIA”)

[1988] 2 Lloyd's Rep. 486

Arbitration - Delay - Dispute under charter referred to arbitration - Effect of inordinate delay in prosecution - Whether arbitration had been consensually abandoned - Whether defendants estopped from pursuing arbitration.

LIBYAN ARAB FOREIGN BANK v. MANUFACTURERS HANOVER TRUST CO.

[1988] 2 Lloyd's Rep. 494

Banking - Summary judgment - Plaintiffs claimed repayment of moneys in account with defendants’ London branch - Defendants alleged payment blocked by U.S. Presidential order - Whether arrangement between plaintiffs and defendants governed by New York law - Whether arrangements terminated - Whether defendants entitled to leave to defend.

PAN ATLANTIC INSURANCE CO. LTD. AND REPUBLIC INSURANCE LTD. v. PINE TOP INSURANCE CO. LTD.

[1988] 2 Lloyd's Rep. 505

Reinsurance - Summary judgment - Excess of loss contracts - Plaintiffs brought action in a representative capacity - Validity of representative procedure - Whether plaintiffs acted as fiduciary trustees on behalf of other syndicate members - Whether defendants had a good arguable case.

LA BANQUE FINANCIÈRE DE LA CITÉ S.A. (formerly named BANQUE KEYSER ULLMANN EN SUISSE S.A.) v. WESTGATE INSURANCE CO. LTD. (formerly named HODGE GENERAL & MERCANTILE INSURANCE CO. LTD.)

[1988] 2 Lloyd's Rep. 513

Insurance (Credit) - Fraud - Banks made loans to borrowers - Gemstones lodged with banks as security - Credit insurance policy issued to borrowers to cover loans - Value of gemstones proved negligible - Banks claimed reimbursement under policies - Underwriters alleged fraud - Whether underwriters liable.

THE “ROSA S”

[1988] 2 Lloyd's Rep. 574

Bill of lading - Limitation of liability - Gold value clause - Damage to cargo - Under Hague Rules liability limited to $100 per package or unit and monetary unit to be gold value - Whether $100 meant $100 sterling gold value - Whether plaintiffs entitled to damages equivalent to gold value expressed in sterling and converted to Kenyan pounds - Hague Rules, art. IV, r. 5, art. IX

STAR STEAMSHIP SOCIETY v. BEOGRADSKA PLOVIDBA. (THE “JUNIOR K”)

[1988] 2 Lloyd's Rep. 583

Charter-party (Voyage) - Negotiation - Stipulation in telex that fixture subject to details - Meaning - Whether binding charter-party concluded - Whether application to set aside writ should be granted.

COMDEL COMMODITIES LTD. v. SIPOREX TRADE S.A. (No. 2).

[1988] 2 Lloyd's Rep. 590

Arbitration - Award - Limitation of time - Sale of goods - Sellers claimed recovery of balance of performance bonds - Board of Appeal of FOSFA held claim time barred - Whether plaintiffs’ claim time barred - Whether application for extension of time should be granted - Arbitration Act, 1950 s. 27.

ENICHEM ANIC S.p.A. AND OTHERS v. AMPELOS SHIPPING CO. LTD (THE “DELFINI”)

[1988] 2 Lloyd's Rep. 599

Practice - Application to set aside - Claim for alleged short delivery - Service out of jurisdiction - Whether plaintiffs had good arguable case - Whether plaintiffs party to contract - Whether plaintiffs failed to make proper disclosure - Whether application to set aside concurrent writ should be granted.

CONOCO (U.K.) LTD. AND OTHERS v. LIMNI MARITIME CO. LTD. (THE “SIRINA”)

[1988] 2 Lloyd's Rep. 613

Practice - Application to set aside - Claim for alleged short delivery - Service out of jurisdiction - Whether plaintiffs had good arguable case - Whether plaintiffs had title to sue - Whether application to set aside concurrent writ should be granted.

DEN NORSKE CREDITBANK v. THE SARAWAK ECONOMIC DEVELOPMENT CORPORATION

[1988] 2 Lloyd's Rep. 616

Practice - Summary judgment - Guarantee - Validity - Bank made loan to facilitate purchase of diving support vessel - Defendants gave guarantee - Guarantee assigned to plaintiffs - Whether guarantee valid - Whether plaintiffs entitled to summary judgment.

MINSTER INVESTMENTS LTD. AND OTHERS v. HYUNDAI PRECISION & INDUSTRY CO. LTD. AND ANOTHER

[1988] 2 Lloyd's Rep. 621

Practice - Jurisdiction - Action in tort against French party - Alleged tort and its consequences had links with France, Korea and England - Writ served out of jurisdiction on French party - Whether Civil Jurisdiction and Judgments Act, 1982 applied - Whether Court had jurisdiction to entertain claim.

Lloyd's Law Reports