i-law.com

THE CHANNEL TUNNEL GROUP LTD. AND FRANCE MANCHE S.A. v. BALFOUR BEATTY CONSTRUCTION LTD. AND OTHERS

[1992] 2 Lloyd's Rep. 7

Arbitration - Stay of action - Jurisdiction - Injunction - Contract for construction of Channel tunnel - Contractors threatened suspension of work - Employers applied for injunction - Whether action should be stayed in favour of arbitration - Whether Court had jurisdiction to grant interim injunction - Arbitration Act, 1950, s. 12(6) - Supreme Court Act, 1981, s. 37.

BANQUE PARIBAS v. CARGILL INTERNATIONAL S.A.

[1992] 2 Lloyd's Rep. 19

Practice - Application to set aside - Plaintiffs sue as alleged assignees - Whether plaintiffs’ case fell within any provision of O. 11 - Whether plaintiffs had good arguable case - Whether assignments effective - Whether England more appropriate forum - Whether leave to serve out of jurisdiction should be set aside.

SEAVISION INVESTMENT S.A. v. NORMAN THOMAS EVENNETT AND CLARKSON PUCKLE LTD. (THE “TIBURON”)

[1992] 2 Lloyd's Rep. 26

Practice - Costs - Insurance (Marine) - War-risks - Vessel declared under established German open cover - Cover warranted German F.O.M. - Vessel struck by Exocet missile - Underwriters held not liable under policy - Brokers ordered to pay to plaintiffs their own costs of failed action against underwriters - Whether such costs recoverable on indemnity basis - R.S.C. O. 62, r. 3(2) - Supreme Court Act 1981, ss. 18(1)(f), 51.

THE “PAN OAK”

[1992] 2 Lloyd's Rep. 36

Admiralty practice - Payment out - Priority - Sale of bunker oil carried on vessel - Proceeds paid into Court - Plaintiffs claimed priority in payment out on ground they were secured creditors - Whether bunkers part of security for loan granted by plaintiffs - Whether proceeds of bunkers available for distribution pari passu between all creditors.

TORVALD KLAVENESS A/S v. ARNI MARITIME CORPORATION (THE “GREGOS”)

[1992] 2 Lloyd's Rep. 40

Charter-party (Time) - Redelivery - Illegitimate last voyage - Repudiatory breach - Vessel ordered on last voyage - Vessel redelivered late - Whether legitimacy of voyage established at date order given - Whether charterers in repudiatory breach.

TRANSWORLD OIL (USA) INC. v. MINOS COMPANIA NAVIERA S.A (THE “LENI”)

[1992] 2 Lloyd's Rep. 48

Carriage by sea - Limitation of time - Short delivery - Plaintiffs brought action within one year of delivery - Plaintiffs had no title to sue - Whether action by party who had title time barred - Whether leave to amend writ to include that party as plaintiffs should be granted - Hague-Visby Rules, art. III, r. 6.

ZAINALABDIN PAYABI AND BAKER RASTI LARI v. ARMSTEL SHIPPING CORPORATION AND PANTHAI SHIPPING LTD. (THE “JAY BOLA”)

[1992] 2 Lloyd's Rep. 62

Carriage by sea - Limitation of time - Damage to cargo - Vessel sold over three months before bill of lading issued - Plaintiffs issued and served writ on original shipowners - Limitation period expired - Plaintiffs obtained leave to add new shipowners as defendants in substitution of original shipowners and writ extended for four months - Whether such leave and extension should be set aside - Whether claim against new shipowners time barred - Whether plaintiffs entitled to amend writ - Hague Rules, art. III - R.S.C., O. 20, r. 5.

THE “FUTURE EXPRESS”

[1992] 2 Lloyd's Rep. 79

Bill of lading - Title to sue - Attornment - Bank named as consignees - Bills of lading withheld from bank - Goods delivered without production of bills of lading - Whether bank had title to sue - Whether bank became pledgee of goods - Whether bill of lading an attornment - Whether bills of lading exhausted as documents of title - Whether carriers committed wrongful act in relation to the goods.

ATLANTIC MARINE TRANSPORT CORPORATION v. COSCOL PETROLEUM CORPORATION (THE “PINA”)

[1992] 2 Lloyd's Rep. 103

Charter-party (Time) - Rectification - Charterparty documents unsigned - Owners claimed for over-performance of vessel - Whether contract contained in charter-party or fixture agreement - Whether hire adjustment provisions of cl. 24 incorporated into charter - Whether contract should be rectified to exclude or modify cl. 24.

ELLIS SHIPPING CORPORATION v. VOEST ALPINE INTERTRADING (THE “LEFTHERO”)

[1992] 2 Lloyd's Rep. 109

Charter-party (Voyage) - Demurrage - Exception clause - Iran-Iraq war - Vessel delayed by discharging at Bushire instead of charter-party destination - Owners entitled to rely on “restraint of princes” for non-delivery of vessel at charter-party destination - Whether clause protected charterers from liability for demurrage. Charter-party (Voyage) - Freight - Right and true delivery of cargo - Vessel discharged at Bushire instead of charter-party destination - Whether right and true delivery of cargo - Whether owners entitled to balance of freight.

CHISWELL SHIPPING LTD. AND LIBERIAN JAGUAR TRANSPORTS INC. v. NATIONAL IRANIAN TANKER CO. (THE “WORLD SYMPHONY” AND “WORLD RENOWN”)

[1992] 2 Lloyd's Rep. 115

Charter-party (Time) - Redelivery - Charterers ordered vessel on final voyage - Vessel redelivered late - Whether charterers entitled to order vessel to perform last voyage - Whether owners entitled to damages for late redelivery. Charter-party (Time) - Breach - Charterers delayed in paying sums due under charter to owners - Owners alleged they suffered loss of interest as result of delay - Whether owner entitled to damages.

PAN ATLANTIC GROUP INC. AND OTHERS v. HASSNEH INSURANCE CO. OF ISRAEL LTD.

[1992] 2 Lloyd's Rep. 120

Arbitration - Arbitrator - Appointment - Ineligible to act - Dispute arose under quota share reinsurance treaty - Official of an insurance company appointed by respondents as their arbitrator - Official retired from insurance company and joined leading firm of insurance solicitors as consultant - Whether official rendered himself ineligible to act as arbitrator.

YOUELL AND OTHERS v. BLAND WELCH & CO. LTD. AND OTHERS

[1992] 2 Lloyd's Rep. 127

Reinsurance - Construction - Vessels insured against builder’s risks - Vessels reinsured - Vessels a constructive total loss - Whether reinsurance cover coextensive with original insurance or whether it terminated 48 months after vessels came on risk - Whether slip admissible as an aid to construction of policy.

DAVY OFFSHORE LTD. v. EMERALD FIELD CONTRACTING LTD.

[1992] 2 Lloyd's Rep. 142

Contract - Construction - Passing of property - Contract for supply and installation of oil platform and ancillary works in North Sea - Dispute arose as to when property in works and goods supplied passed - Whether property passed when plaintiffs supplied defendants with bill of sale.

BALLI TRADING LTD. v. AFALONA SHIPPING CO. LTD. (THE “CORAL”)

[1992] 2 Lloyd's Rep. 158

Bills of lading - Damage to cargo - Summary judgment - Collapse of cargo stow during voyage - Plaintiffs claimed damages - Bills of lading incorporated charter-party clauses and Hague-Visby Rules - Whether plaintiffs had title to sue - Whether carriers had arguable defence - Whether plaintiffs entitled to summary judgment.

STEEDMAN v. SCOFIELD AND ANOTHER

[1992] 2 Lloyd's Rep. 163

Limitation of time - Personal injuries - Jet skier in collision with speedboat towing water skier - Jet skier injured - Whether jet ski a “vessel” or a “ship” within Merchant Shipping Acts - Whether jet skiers action time barred by s. 8 of the Maritime Conventions Act, 1911.

EVERGLADE MARITIME INC. v. SCHIFFAHRTSGESELLSCHAFT DETLEF VON APPEN m.b.H. (THE “MARIA”)

[1992] 2 Lloyd's Rep. 167

Arbitration - Award - Costs - Sealed offer - Arbitrators found in favour of owners - Arbitrators made order as to costs - Effect of sealed offer on order as to costs - Whether arbitrators had properly exercised their discretion as to costs.

DOLPHIN HELLAS SHIPPING S.A. v. ITEMSLOT LTD. (THE “AEGEAN DOLPHIN”)

[1992] 2 Lloyd's Rep. 178

Arbitration - Award - Error of law - Dispute under charter-party - Arbitrators found vessel incapable of performing intended cruises and charterers entitled to repudiate charter - Whether arbitrators had erred. Charter-party (Time) - Repudiation - Charterers marketing cruises - Vessel chartered from shipowners - Whether charterers had accepted vessel - Whether charterers precluded from relying on incapacity of vessel to perform intended cruises.

CURACAO TRADING CO. B.V. v. HARKISANDAS & CO.

[1992] 2 Lloyd's Rep. 186

Arbitration - Award - Enforcement - Application to set aside - Award made in favour of applicants in dispute under sale of goods contract - Leave given to enforce award in the same manner as a judgment - Whether procedures undertaken in course of arbitration complied with rules of IGPA - Whether applicants guilty of material non-disclosure - Whether order to enforce award should be set aside - Arbitration Act, 1950, s. 26.

GUARDIAN OCEAN CARGOES LTD., TRANSORIENT SHIP CARGOES LTD., MIDDLE EAST AGENTS S.A.L. AND MED LINES S.A. v. BANCO DO BRASIL S.A. (No. 3)

[1992] 2 Lloyd's Rep. 193

Practice - Interest - Compound interest - Ship finance - Negotiations between plaintiffs and bank for refinancing of vessel - Court held instalments paid by plaintiffs conditional on conclusion of refinancing deal - Plaintiffs claimed interest - Whether plaintiffs entitled to compound interest.

GUARDIAN OCEAN CARGOES LTD., TRANSORIENT SHIP CARGOES LTD., MIDDLE EAST AGENTS S.A.L. AND MED LINES S.A. v. BANCO DO BRASIL S.A. (No. 3)

[1992] 2 Lloyd's Rep. 201

TOUCHE ROSS & CO. AND OTHERS v. COLIN BAKER

[1992] 2 Lloyd's Rep. 207

Insurance (Professional Indemnity) - Discovery extension cover - Defendant gave notice of refusal to renew line - Plaintiffs claimed discovery extension cover - Whether such claim could only be made if all participating underwriters refused to renew.

APOSTOLOS KONSTANTINE VENTOURIS v. TREVOR REX MOUNTAIN (THE “ITALIA EXPRESS”[??C0E5])

[1992] 2 Lloyd's Rep. 216

Practice - Evidence - Admissibility - Vessel sunk by explosives - Plaintiff claimed under insurance policy - Underwriters alleged conspiracy to cast away vessel - Whether surreptitious tapes admissible in evidence to support underwriters’ allegations - Civil Evidence Act, 1968.

POLLY PECK INTERNATIONAL PLC v. ASIL NADIR AND OTHERS

[1992] 2 Lloyd's Rep. 238

Practice - Mareva injunction - Appeal against grant - Nature and strength of plaintiffs’ case against bank - Potential effect on bank of maintaining injunction in force pending trial - Effect if injunction discharged.

NEW ENGLAND REINSURANCE CORPORATION AND FIRST STATE INSURANCE CO. v. MESSOGHIOS INSURANCE CO. S.A.

[1992] 2 Lloyd's Rep. 251

Practice - Contract - Plaintiffs alleged contract concluded between parties - Whether plaintiffs had good arguable case - Whether defendants under obligation to make payment to plaintiffs in England.

THE “JOHNNY TWO”

[1992] 2 Lloyd's Rep. 257

Admiralty practice - Writ in rem - Application to set aside - Extension of validity of writ - Writ issued in respect of damage to cargo - Vessel visited Felixstowe on five occasions before writ served on vessel - Validity of writ extended - Whether proper disclosures made - Whether order extending validity should be discharged - Whether service of writ should be set aside.

THE “KHERSON”

[1992] 2 Lloyd's Rep. 261

Carriage by sea - Jurisdiction - Damage to cargo - Sister ship arrested - Proceedings already begun in Netherlands - Whether English Court should decline jurisdiction - Whether plaintiffs justified in obtaining warrant of arrest - Whether warrant of arrest should be set aside - Civil Jurisdiction and Judgments Act, 1982, arts. 17, 21.

THE “LAKHTA”

[1992] 2 Lloyd's Rep. 269

Admiralty practice - Stay of action - Forum non conveniens - Dispute as to ownership of vessel between Latvian plaintiffs and Russian defendants - Russian forum more appropriate - Whether action should nevertheless be tried in England - Whether application for stay should be granted.

PRESIDENT OF INDIA v. JADRANSKA SLOBODNA PLOVIDBA

[1992] 2 Lloyd's Rep. 274

Arbitration - Award - Costs - Allegation of error of law and technical misconduct on face of award - Separate award as to costs - Application for remission - Procedure to be followed - Arbitration Act, 1950 s. 22 - Arbitration Act, 1979 s. 1.

APOSTOLOS KONSTANTINE VENTOURIS v. TREVOR REX MOUNTAIN (THE “ITALIA EXPRESS” (No. 2))

[1992] 2 Lloyd's Rep. 281

Damages - Insurance (Marine) - War risks insurance - Vessel sunk by explosives - Claim under policy - Judgment entered for plaintiffs - Whether plaintiffs could claim damages for loss of income, increase in capital value of replacement vessel and for hardship, inconvenience and mental distress. Insurance (Marine) - War P. and I. Risks clause - Indemnity - Vessel entered in one P. and I. Club but different club named in clause - Which P. and I. Club applicable - Construction of applicable rules - Whether pay to be paid rule and relevant notice requirement rules incorporated.

GULF CONSOLIDATED COMPANY FOR SERVICES AND INDUSTRIES EC (IN LIQUIDATION) v. CREDIT SUISSE FIRST BOSTON LTD. AND CSFB A.G.

[1992] 2 Lloyd's Rep. 301

Practice - Writ - Stay of action - Action by plaintiffs alleging defendants wrongfully deprived plaintiffs of certain moneys - Plaintiffs in liquidation - Whether plaintiffs legally dissolved - Whether liquidator validly appointed - Whether defendants debarred from applying to stay action.

ACKMAN AND OTHERS AND SCHER AND OTHERS v. THE POLICYHOLDERS PROTECTION BOARD, ROYAL INSURANCE (U.K.) LTD. AND NEW HAMPSHIRE INSURANCE CO.

[1992] 2 Lloyd's Rep. 321

Insurance (Professional Liability) - Policyholders Protection Board - Professional individuals and professional corporations in New York and Canada insured against professional negligence - Insurers insolvent - Whether policies United Kingdom policies - Whether plaintiffs private policyholders - Meaning of “liability” - Whether plaintiffs could claim against board - Policyholders Protection Act, 1975, ss. 4, 6(7), 8(2).

TRANSIT CASUALTY CO. AND ANOTHER v. THE POLICYHOLDERS PROTECTION BOARD AND OTHERS

[1992] 2 Lloyd's Rep. 358

THE WARDENS AND COMMONALTY OF THE MYSTERY OF MERCERS OF THE CITY OF LONDON v. NEW HAMPSHIRE INSURANCE CO.

[1992] 2 Lloyd's Rep. 365

Contract - Performance bond - Construction - Defendants provided advance payment bond in respect of building contract - Builders in receivership - Plaintiffs claimed under bond - Defendants alleged plaintiffs in breach of contract - Whether bond guaranteed performance of contract - Whether plaintiffs’ breach discharged defendants from liability under bond.

A/S IVERANS REDEREI v. KG MS HOLSTENCRUISER SEESCHIFFAHRTSGESELLSCHAFT m.b.H. & CO. AND OTHERS (THE “HOLSTENCRUISER”)

[1992] 2 Lloyd's Rep. 378

Charter-party (Time) - Inter-Club Agreement - Construction - Scope of Inter-Club Agreement as incorporated - Applicability of agreement - Effect of agreement.

HAMED EL CHIATY & CO. (T/A. TRAVCO NILE CRUISE LINES) v. THE THOMAS COOK GROUP LTD. (THE “NILE RHAPSODY”[??C0E5])

[1992] 2 Lloyd's Rep. 399

Charter-party (Time) - Stay of action - Jurisdiction - Forum non conveniens - Plaintiffs claimed damages under the contract - Charters prescribed Egyptian law as proper law of contract but silent as to jurisdiction - Whether parties orally agreed contracts subject to exclusive jurisdiction of Egyptian Courts - Whether Egypt more appropriate forum - Whether action should be stayed.

IN RE A COMPANY NO 0013734 OF 1991

[1992] 2 Lloyd's Rep. 415

Reinsurance - Winding up - Application to strike out - Non-payment of claims by reinsurer - Insolvent reinsured brought winding up petition against reinsurers - Construction of “Ultimate net loss” provision - Whether valuation of contingent liabilities a “loss settlement” or “compromise” settlement” - Whether reinsured provided reasonable evidence of claims - Whether winding up petition should be struck out.

ISC TECHNOLOGIES LTD. AND ANOTHER v. JAMES HOWARD GUERIN AND OTHERS

[1992] 2 Lloyd's Rep. 430

Practice - Application to set aside - Service out of jurisdiction - Contracts for sale of arms to foreign countries - Plaintiffs alleged fraud and that the 10th defendant knew and participated in the fraud - Plaintiffs claimed account and restitution of money paid out and damages - Whether leave to serve proceedings out of jurisdiction should be set aside.

BOOBYER v. DAVID HOLMAN & CO. LTD. AND THE SOCIETY OF LLOYD’S

[1992] 2 Lloyd's Rep. 436

Practice - Transfer of proceedings - Actions brought in Chancery Division against defendants - Applications to transfer proceedings to Queen’s Bench Division - Whether inappropriate to leave actions in Chancery Division.

THE “BLITZ”

[1992] 2 Lloyd's Rep. 441

Sale of ship - Ship’s mortgage - Non-payment of harbour dues - Harbour authority sold vessel to bona fide purchaser - Whether sale free from encumbrances - Whether new owners liable to mortgagees.

THE “SHIZELLE”

[1992] 2 Lloyd's Rep. 444

Sale of ship - Ship’s mortgage - Ship mortgaged to plaintiffs - Vessel and mortgage unregistered - Defendants bought vessel without knowledge, actual or constructive, of mortgage - Plaintiffs claimed under mortgage and arrested vessel - Whether defendants liable under mortgage.

ROCCO GUISEPPE & FIGLI S.p.A. v. TUPINAVE (Formerly CIA BRAZILEIRA DE TRANSPORTE DE GRANEIS LTDA.) (THE “GRAZIELA FERRAZ”)

[1992] 2 Lloyd's Rep. 452

Arbitration - Arbitrators - Appointment - Procedure - Arbitration clause provided for appointment of three arbitrators - Plaintiffs’ arbitrator died before final award as to costs made - Procedure to be followed when appointing replacement arbitrator - Arbitration Act, 1950 ss. 7, 10.

ERG PETROLI S.P.A. v. VITOL S.A. (THE “BALLENITA” AND “BP ENERGY”)

[1992] 2 Lloyd's Rep. 455

Carriage by sea - Nomination of vessel - Contract for sale of cargo of oil - Sellers nominated vessel under contract - Whether sellers entitled to withdraw nomination and substitute another vessel - Whether substitution wrongful and a repudiation of contract - Whether cargo in substitute vessel conformed with contract description.

COMPANIA CONTINENTAL DEL PERU S.A. v. EVELPIS SHIPPING CORPORATION (THE “AGIA SKEPI”)

[1992] 2 Lloyd's Rep. 467

Practice - Application to set aside - Service out of jurisdiction - Bill of lading - Damage to cargo - Cargo-owners claimed as parties to the contract of carriage, for breach of a Brandt v. Liverpool type of contract and breach of non-contractual bailment - Whether claims within R.S.C., O. 11, r. 1 - Whether service out of jurisdiction should be set aside.

THE REPUBLIC OF SOMALIA v. WOODHOUSE DRAKE & CAREY (SUISSE) S.A. AND OTHERS (THE “MARY”)

[1992] 2 Lloyd's Rep. 471

Practice - Foreign government - Recognition - Payment of moneys out of Court - Cargo of rice sold by order of Court and proceeds paid into Court - Cargo originally consigned to Ministry of Defence in Somalia - Overthrow of legitimate government - Interim government appointed - Procedure for recognition of interim government - Whether moneys in Court should be paid out to solicitors representing interim government.

MARC RICH & CO. A.G. AND OTHERS v. BISHOP ROCK MARINE CO. LTD. BETHMARINE CO. LTD. AND NIPPON KAIJI KYOKI (THE “NICHOLAS H”)

[1992] 2 Lloyd's Rep. 481

Negligence - Duty of care - Classification society - Vessel developed cracks in hull - Classification society surveyor recommended vessel continue on voyage to discharge port - Total loss of vessel and cargo - Cargo-owners claimed against classification society - Whether classification society owed duty of care to cargo-owners.

ANTHONY JOHN SHARP AND ROARER INVESTMENTS LTD. v. SPHERE DRAKE INSURANCE PLC MINSTER INSURANCE CO. LTD. AND E. C. PARKER & CO. LTD. (THE “MOONACRE”)

[1992] 2 Lloyd's Rep. 501

Insurance (Marine) - Exclusion clause -Constructive total loss of vessel -Plaintiffs claimed under policy - Whether insurance excluded at time of loss because vessel being used as a houseboat during period when she was laid up.

THE STANDARD STEAMSHIP OWNERS’ PROTECTION AND INDEMNITY ASSOCIATION (BERMUDA) LTD. v. GANN AND ANOTHER

[1992] 2 Lloyd's Rep. 528

Insurance (Marine) - P. & I. risks - Application to set aside - Forum non conveniens - Non-payment of calls - Defendants alleged insurance on basis of fixed premium and plaintiffs not entitled to make calls - Whether plaintiffs had good arguable case - Whether California more appropriate forum - Whether application to set aside writ and service out of jurisdiction should be granted.

BANK OF NOVA SCOTIA v. HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD (THE “GOOD LUCK”)

[1992] 2 Lloyd's Rep. 540

K/S PENTA SHIPPING A/S v. ETHIOPIAN SHIPPING LINES CORPORATION (THE “SAGA COB”)

[1992] 2 Lloyd's Rep. 545

Charter-party (Time) - Safe port - Vessel traded between Assab and Massawa - Charterers ordered vessel to Massawa - Vessel attacked by Eritrean guerillas - Owners claimed loss suffered by them as a result of casualty - Whether Massawa a safe port.

THE “MACIEJ RATAJ”

[1992] 2 Lloyd's Rep. 552

Carriage by sea - Stay of action - Forum non conveniens - Damage to goods - Actions brought in Rotterdam and England - Whether proceedings in Rotterdam involved same cause of action as proceedings in England - Whether action should be stayed - Whether Rotterdam more appropriate forum - Civil Jurisdiction and Judgments Act, 1982.

INDIAN OIL CORPORATION v. VANOL INC.

[1992] 2 Lloyd's Rep. 563

Sale of goods (c.i.f) - Limitation of time - Dispute as to non-delivery - Clauses in contract contained conflicting provisions as to disputes arising under the contract - Whether plaintiffs’ claim time barred.

IKERIGI COMPANIA NAVIERA S.A. AND OTHERS v. PALMER AND OTHERS GLOBAL TRANSEAS CORPORATION AND ANOTHER v. PALMER (THE “WONDROUS”)

[1992] 2 Lloyd's Rep. 566

Insurance (Marine) - Loss of hire and freight - Vessel loaded cargo of molasses at Bandar Abbas - Unable to leave until over a year later - Plaintiffs claimed under insurance policies - Whether losses suffered by plaintiffs covered - Cause of vessels’ detention - Whether plaintiffs’ claim for loss of hire and freight recoverable.

STONE VICKERS LTD. v. APPLEDORE FERGUSON SHIPBUILDERS LTD.

[1992] 2 Lloyd's Rep. 578

Insurance (Marine) - Subrogation - Shipbuilding risk insured - Express term in insurance contract that underwriters should have no recourse against co-assured - Plaintiff sub-contractors supplied propeller - Propeller defective - Insurers settled defendant shipbuilders’ claim - Whether plaintiffs co-assured - Whether plaintiffs had interest in subject matter of insurance - Whether plaintiffs entitled to be protected against subrogated claim.

KURT A BECHER G.m.b.H. & Co. v. VOEST ALPINE INTERTRADING G.m.b.H. (THE “RIO APA”)

[1992] 2 Lloyd's Rep. 586

Sale of goods (f.o.b.) - Carrying charges - Delay at loading port due to congestion - Expiry of contractual shipment period - Buyers failed to claim extension of delivery - Whether sellers entitled to claim carrying charges.

HONG KONG BORNEO SERVICES CO. LTD. AND OTHERS v. ANTHONY DAVID PILCHER

[1992] 2 Lloyd's Rep. 593

Insurance (Marine) - Excess insurance - Interest - Newbuildings insured against delay caused by strikes - Delivery delayed by strikes - No interest awarded on plaintiffs’ claim - Whether club rules debarred plaintiffs’ right to recover interest from excess insurers - Meaning of “pay as may be paid”.

ICAROM PLC. (FORMERLY INSURANCE CORPORATION OF IRELAND PLC.) v. PEEK PUCKLE (INTERNATIONAL) LTD.

[1992] 2 Lloyd's Rep. 600

Insurance broker - Reinsurance - Indemnity - Reinsurers refused to indemnify reinsured - Reinsured alleged brokers instructed to place reinsurance cover on Jan. 19 - Brokers arranged cover on Jan. 22 - Claim arose on Jan. 19 - Whether reinsured could claim against brokers.

JOHN ROBERT CHARMAN v. GUARDIAN ROYAL EXCHANGE ASSURANCE PLC. AND ANOTHER

[1992] 2 Lloyd's Rep. 607

Reinsurance - Follow settlements clause - Summary judgment - Damage caused to oil refinery by Hurricane Hugo - Reassured settled claim and claimed under reinsurance - Reinsurers denied liability - Whether reinsurers obliged to indemnify reassured under follow settlements liable or not liable clause - Whether reinsurers had arguable defence - Whether reassured entitled to summary judgment.

ASHMORE AND OTHERS v. CORPORATION OF LLOYD’S (No. 2)

[1992] 2 Lloyd's Rep. 620

Contract - Duty of care - Names at Lloyd’s suffered losses on insurance contracts - Allegations that Lloyd’s owed names duty of care - Whether Lloyd’s owed names implied duty to alert names on matters which might affect their underwriting interests - Whether Lloyd’s under duty to impose a premium monitoring system - Whether Lloyd’s immune from suit by virtue of s. 14 of the Lloyd’s Act 1982.

MARBIG REXEL PTY. LTD. AND ANOTHER v. ABC CONTAINER LINE N.V. (THE “TNT EXPRESS”)

[1992] 2 Lloyd's Rep. 636

Bill of lading - Exemption clause - Damage to cargo - Carriers exempt from liability if defective condition of container apparent on reasonable inspection by shipper - Defective container supplied - Bill of lading stated container received in apparent good order and condition - Goods in container badly water damaged - Whether carriers could rely on exemption clause - Australia

Lloyd's Law Reports