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VINMAR INTERNATIONAL LTD. AND ANOTHER v. THERESA NAVIGATION S.A.

[2001] 2 Lloyd's Rep. 1

Carriage by sea - Damage to cargo - Quantum of damages - Vessel unfit to carry cargo - Owners failed in duty to exercise due diligence to clean or purge vessel’s tanks and lines of previous cargo - Owners alleged grossness of contamination observed at initial stage of loading but cargo-owners continued loading - Whether causal link between owners’ admitted breach and ensuing contamination of balance of cargo broken - Quantum of damages.

LOSINJSKA PLOVIDBA BRODARSTOVO DD v. VALFRACHT MARITIME CO. LTD. AND ANOTHER (THE “LIPA”)

[2001] 2 Lloyd's Rep. 17

Charter-party (Time) - Fuel consumption - Warranty - Charter-party provided consumption figures of about the number of tonnes best oil-fuel - Clause 26 provided “all details ‘about’ - All details given in good faith but without guarantee” - Charterers alleged vessel consumed excessive fuel - Whether owners in breach of warranty - whether qualification in cl. 26 applied to provisions in charter about consumption.

COOL CARRIERS A.B. AND ANOTHER v. HSBC BANK U.S.A. AND OTHERS

[2001] 2 Lloyd's Rep. 22

Practice - Jurisdiction - Application to set aside - Charterers brought interpleader proceedings to determine whether charter-party hire should be payable to owners or owners’ assignees - Leave to serve out of jurisdiction granted - Whether claim for interpleader relief made in respect of contract - Whether leave to serve out of the jurisdiction should be set aside - CPR 6.20.

NEO INVESTMENTS INC. v. CARGILL INTERNATIONAL S.A.

[2001] 2 Lloyd's Rep. 33

Practice - CPR 51-PD19 - CPR 3.9 - Application to lift stay - Application to strike out - Dispute under contract for sale of goods - Transitional period covering change from old Rules of the Supreme Court to new Civil Procedure Rules - Action did not come before a Judge or on paper during transitional period - Action automatically stayed - Whether stay should be lifted - Prejudice to defendants if stay lifted.

J. P. MORGAN SECURITIES ASIA PRIVATE LTD. v. MALAYSIAN NEWSPRINT INDUSTRIES SDN. BHD.

[2001] 2 Lloyd's Rep. 41

Practice - Non-exclusive jurisdiction clause - Stay of proceedings - Forum non conveniens - Dispute between claimants and defendants in connection with fees due under retainer - Defendants brought action in Malaysia - Whether English action should be stayed - Whether non-disclosure in application for permission to serve out of jurisdiction.

FULLER v. HAPPY SHOPPER MARKETS LTD. AND ANOTHER.

[2001] 2 Lloyd's Rep. 49

Landlord and tenant - Set-off - Levy of distress for rent - Settlement agreement - Arrears of rent - Distress levied - Tenant alleged larger sum due to him for breach of settlement agreement and overpayment of rent which should be offset against arrears of rent - Legal and equitable set-off - Whether demand for repayment legally required before overpayment repayable.

THE “SEVEN PIONEER”.

[2001] 2 Lloyd's Rep. 57

Carriage by sea - Contract - Tort - Damage to cargo - Vessel sub-chartered to plaintiffs for carriage of cargo of cement from Indonesia - Bills of lading issued - Vessel encountered heavy weather and cement damaged - Whether plaintiffs could claim in contract and/or tort under bills of lading - Applicability of Indonesian law - Whether plaintiffs had sufficient interest in goods to found claim in tort under Indonesian law and New Zealand law.

UNIVERSAL BULK CARRIERS LTD. v. ANDRE ET CIE [2001] EWCA Civ 588

[2001] 2 Lloyd's Rep. 65

Charter-party (Voyage) - Laycan - Construction - Status of term narrowing laycan spread - Whether an option or obligation - Whether compliance with clause a condition precedent - Whether charterers’ failure to nominate port breach of condition precedent to owners’ nomination of vessel - Whether charter-party repudiated.

MAMIDOIL-JETOIL GREEK PETROLEUM CO. S.A. v. OKTA CRUDE OIL REFINERY AD [2001] EWCA Civ 406

[2001] 2 Lloyd's Rep. 76

Contract - Construction - Manipulation of crude oil - Agreement between claimant and refinery - Whether agreement obliged refinery to make exclusive use of claimant - Whether a minimum quantity stipulated in agreement - Whether on failure of parties to agree price for manipulation agreement discharged.

BIM KEMI AB v. BLACKBURN CHEMICALS LTD. [2001] EWCA Civ 457

[2001] 2 Lloyd's Rep. 93

Contract - Set-off - Degree of connection - Claim for unliquidated damages for breach of contract - Cross-claim for unliquidated damages for breach of different contract - Whether latter claim could be subject of equitable set-off against former claim.

THE “NORE CHALLENGER” AND “NORE COMMANDER”

[2001] 2 Lloyd's Rep. 103

Admiralty practice - Jurisdiction - Application to strike out - Claimants alleged claim arose out of agreement to supply crew and services to defendants - Whether provision of crew constituted provision of “goods and materials” - Whether concept of necessaries encompassed provision or supply of crew - Whether claim fall outside provisions of s.20 of the Supreme Court Act, 1981 - Whether application to strike out on the grounds that Court had no jurisdiction should be granted.

THE “SITAREM” AND “SPIRIT”

[2001] 2 Lloyd's Rep. 107

Collision - Crossing vessels - Liability - Failure to give way - Collision in Elafonisos strait - Lookout on both vessels - Existence of risk of collision - Appropriateness of alteration of course - Obligation to give way - Apportionment of liability - Collision Regulations, rr. 15, 17.

YUKONG LINE LTD. v. RENDSBURG INVESTMENTS CORPORATION AND OTHERS

[2001] 2 Lloyd's Rep. 113

Practice - Mareva injunction - Discharge - Inquiry into damages - Dispute under charter-party - Injunction obtained against third defendant - Whether injunction ancillary and incidental to plaintiffs’ cause of action - Whether injunction wrongly granted - Whether inquiry into damages should be granted - Whether injunction should be discharged.

AKTIESELSKABET DAMPSKIBSSELSKABET SVENDBORG AND ANOTHER v. MOBIL NORTH SEA LTD. AND OTHERS

[2001] 2 Lloyd's Rep. 127

Charter-party (Time) - Termination - Construction - Defendants chartered anchor handling vessels in connection with drilling rig - Repudiatory breach of rig contract - Defendants terminated charter in respect of anchor handling vessels - Whether termination valid - Whether notice of termination required to be given “immediately” or within a reasonable time.

QUANTUM CORPORATION LTD. AND OTHERS v. PLANE TRUCKING LTD. AND ANOTHER

[2001] 2 Lloyd's Rep. 133

Carriage by air - Carriage by road - CMR - Limitation of liability - Goods carried by air from Singapore to Paris and by road from Paris to Dublin - Goods stolen en route in England - Whether CMR applicable - Whether air carriers entitled to limit liability - Whether claimants entitled to summary judgment.

BANCA CARIGE S.p.A CASSA DI RISPARMIO DI GENOVA E IMPERIA v. BANCO NACIONAL DE CUBA AND ANOTHER

[2001] 2 Lloyd's Rep. 147

Practice - Jurisdiction - Leave to serve abroad - Agreement for transfer of shares between first and second defendants - Claimants creditor of first defendant - Allegation transfer of shares at an under value and made for purposes of putting them beyond reach of claimants - Meaning of provisions of CPR 6.20(10) - Application of doctrine of sovereign immunity - Whether claimant had raised a serious issue to be tried - Whether leave to serve out of jurisdiction should be granted.

HIH CASUALTY AND GENERAL INSURANCE LTD. v. NEW HAMPSHIRE INSURANCE CO. AND OTHERS [2001] EWCA Civ 735

[2001] 2 Lloyd's Rep. 161

Reinsurance - Indemnity - Warranty - Allegations of breach - Reinsurers denied liability - Whether reinsurers correctly identified terms in underlying insurance contracts as warranties - Effect of “Disclosure and/or Waiver of rights” clause in underlying insurance contract - Whether clause incorporated into reinsurance contracts - Effect of clause in reinsurance contracts.

PETROLEO BRASILIERO S.A. AND OTHERS v. MELLITUS SHIPPING INC. AND OTHERS (THE “BALTIC FLAME”) [2001] EWCA Civ 418

[2001] 2 Lloyd's Rep. 203

Practice - Jurisdiction - Proper party to proceedings - Contribution - Claim in respect of contaminated cargo by bill of lading holders against owners of vessel - Third party claims by owners against time charterers - Time charterers claimed against shippers in third party claims - Whether shipper a proper party to proceedings - Whether time charterers entitled to claim contribution from shippers - Whether time charterers’ claim form should be set aside.

COSTELLO v. CHIEF CONSTABLE OF DERBYSHIRE CONSTABULARY [2001] EWCA Civ 381

[2001] 2 Lloyd's Rep. 216

Police - Powers - Seizure of motor car - Wrongful detention - Claimant claimed return of car and damages - Police alleged car stolen to knowledge of claimant and entitled to refuse to return car - Whether car stolen to knowledge of claimant - Whether claimant entitled to recover car from police notwithstanding that it was stolen.

BMBF (No. 12) LTD. v. HARLAND & WOLFF SHIPBUILDING & HEAVY INDUSTRIES LTD. [2001] EWCA Civ 862

[2001] 2 Lloyd's Rep. 227

Shipbuilding contract - Default - Possession - Contract for building a drill-ship - Delays in completion and delivery - Builders tendered delivery - Owner alleged default by builders - Owner took possession of vessel and completed her elsewhere - Whether owner obliged to pay to builder outstanding instalments payable by owner on delivery of vessel.

DEAN v. ALLIN & WATTS [2001] EWCA Civ 758

[2001] 2 Lloyd's Rep. 249

Negligence - Professional negligence - Duty of care - Implied retainer - Series of loans made by claimant to borrowers - Claimant’s security to be charge on a leasehold flat - Solicitors acting for borrowers only - Solicitors advised borrowers mere deposit of deeds sufficient and effective - Borrowers defaulted - Deposit of deeds legally ineffective - Whether claimant impliedly retained solicitors to act for him - Whether solicitors owed claimant a duty of care not to make representations as to efficacy of security - Whether solicitors owed duty of care to claimants to ensure claimant obtained effective security.

AIG EUROPE S.A. v. QBE INTERNATIONAL INSURANCE LTD.

[2001] 2 Lloyd's Rep. 268

Contract - Reinsurance - Exclusive jurisdiction clause - Reinsurance contract provided for all terms clauses and conditions as original - Insurance contract provided French Courts to have exclusive jurisdiction - Whether general words in reinsurance contract sufficient to demonstrate parties’ agreement to be bound by clause in insurance contract - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 17.

SOUTHAMPTON CONTAINER TERMINALS LTD. v. SCHIFFAHRTSGESELLSCHAFT “HANSA AUSTRALIA” M.b.H. & CO. (THE “MAERSK COLOMBO”) [2001] EWCA Civ 717

[2001] 2 Lloyd's Rep. 275

Collision - Berthing vessel - Damage to crane - Contributory negligence - Vessel in process of berthing collided with crane - Crane toppled over and collapsed - Claimants claimed damages in respect of crane - Whether claimants contributed to damage in failing to move crane - Whether claimants could claim cost of replacement of crane rather than market value.

SCHIFFAHRTSGESELLSCHAFT MS “MERKUR SKY” m.b.H. & CO. K.G. v. MS LEERORT NTH SCHIFFAHRTS G.m.b.H. & Co. K.G. (THE “LEERORT”) [2001] EWCA Civ 1055

[2001] 2 Lloyd's Rep. 291

Collision - Limitation of liability - Collision in Colombo harbour - Application by respondents to limit liability granted - Appellants alleged Judge had erred in prejudging that line of inquiry by appellants to defeat right to limit bound to fail - Whether respondents entitled to limit liability. Admiralty practice - Procedure - Limitation of liability - Collision in Colombo harbour - Application by respondents to limit liability granted - Whether order made prematurely - Whether case management conference should have been conducted.

DEMAND SHIPPING CO. LTD. v. MINISTRY OF FOOD GOVERNMENT OF THE PEOPLE’S REPUBLIC OF BANGLADESH AND ANOTHER (THE “LENDOUDIS EVANGELOS II”)

[2001] 2 Lloyd's Rep. 304

General average - Cargo contribution - Unseaworthiness - Vessel en route to Quebec to load additional cargo - Crew member activated fuel tank’s emergency shut-off system - Vessel suffered complete electrical failure, grounded and suffered bottom damage - Glass panel in front of control box housing emergency shut-off device missing at commencement of voyage - Whether vessel unseaworthy - Whether cargo interests liable to contribute in general average.

KINETICS TECHNOLOGY INTERNATIONAL v. CROSS SEAS SHIPPING CORPORATION (THE “MOSCONICI”)

[2001] 2 Lloyd's Rep. 313

Damages - Quantum - Appropriate currency - Loss of deck cargo - Defendants limited liability - Appropriate currency into which limit should be converted - Gross rate of interest attributable to currency - Whether adjustment to gross rate of interest - Date interest to run from.

THE “IRINA ZHARKIKH” AND “KSENIA ZHARKIKH”

[2001] 2 Lloyd's Rep. 319

Admiralty practice - Action in rem - Stay of action - Charters in respect of fishing vessels - Ministry of Fisheries alleged breach of fisheries legislation - Charterers claimed indemnity - Charters contained arbitration clause - Whether action should be stayed - Whether arbitral award exhausted underlying cause of action - Whether rule that unsatisfied in personam judgment did not exclude subsequent in rem claim applied to unsatisfied arbitral award - Whether Mareva injunction should be discharged.

WATSON v. FIRST CHOICE HOLIDAYS AND FLIGHTS LTD. AND ANOTHER [2001] EWCA Civ 972

[2001] 2 Lloyd's Rep. 339

Practice - Jurisdiction - Article 6(1) - Construction - Claimant injured while on holiday - Claim brought against first defendants in contract as organizer or provider of holiday - Claim against second defendants in tort in respect of negligence of one or more of their employees - Whether claimant could join second defendants in action against first defendants - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 6(1).

PETROSHIPS PTE LTD. v. PETEC TRADING AND INVESTMENT CORPORATION AND OTHERS (THE “PETRO RANGER”)

[2001] 2 Lloyd's Rep. 348

Arbitration - Award - s. 68 - Allegations of serious irregularity affecting proceedings - Dispute under charter-party referred to arbitration - Award in favour of charterers - Owners alleged serious irregularities on issues of frustration, oil discharged into lighter and exception clauses - Whether award should be remitted - Arbitration Act, 1996, s. 68.

BRANDEIS BROKERS LTD. v. BLACK AND OTHERS

[2001] 2 Lloyd's Rep. 359

Arbitration - Award - Errors of law - Alleged serious irregularities - Dealings on London Metal Exchange - Dispute referred to arbitration - Arbitrators found contracts incorporated certain rules of SFA and that applicants owed fiduciary duty to respondents - Whether arbitrators erred in so holding - Whether applicants’ alleged serious irregularities made out - Arbitration Act, 1996, ss. 68, 69.

CORAL GROUP TRADING LTD. v. HILTON GROUP PLC

[2001] 2 Lloyd's Rep. 373

Contract - Construction - Sale and purchase of issued share capital - Issue as to interest acquired by claimants on purchase.

DECORUM INVESTMENTS LTD. v. ATKIN (THE “ELENA G”)

[2001] 2 Lloyd's Rep. 378

Insurance (Marine) - Non-disclosure - Total loss of vessel - Insurers alleged failure to disclose connection with Russian magnate - Enhanced risk to vessel - Whether assured failed to disclose material circumstances.

SOCIÉTÉ ERAM SHIPPING CO. LTD. v. COMPAGNIE INTERNATIONALE DE NAVIGATION AND OTHERS AND HONG KONG AND SHANGHAI BANKING CORPORATION LTD.

[2001] 2 Lloyd's Rep. 394

Banking - Garnishee absolute - Double jeopardy - Garnishee order made against foreign bank within jurisdiction on account made with it by judgment debtor at branch outside the jurisdiction - Whether garnishee order should be made absolute - Whether risk of double jeopardy.

THE “TYCHY” (No. 2) EWCA Civ 1198

[2001] 2 Lloyd's Rep. 403

Admiralty practice - Jurisdiction - Arrest of vessel - Application to set aside - Slot charter - Vessel arrested in respect of claimants’ claims - Defendants alleged that owners of arrested vessel not “relevant person” for purposes of s. 21 of the Supreme Court Act, 1981 - Whether defendant established novation - Whether defendants entitled to rectification.

THE “MINERAL DAMPIER” AND “HANJIN MADRAS” [2001] EWCA Civ 1278

[2001] 2 Lloyd's Rep. 419

Collision - Crossing vessels - Liability for collision - Collision in East China sea - Actions of stand-off and give-way vessels - Faults in navigation - Apportionment of liability.

PERKS v. CLARK SAME v. MACLEOD NEWRICK AND ANOTHER v. GUILD [2001] EWCA Civ 1228

[2001] 2 Lloyd's Rep. 431

Taxation - Seafarers’ emoluments - Definition of ship - Seafarers employed on jack-up rigs - Whether jack-up rigs ships for purposes of Income and Corporation Taxes Act, 1988 - Whether seafarers liable to income tax on emoluments - Applicability of definition in Merchant Shipping Act, 1894.

TODD AND OTHERS v. ADAMS AND CHOPE (T/A TRELAWNEY FISHING CO.) (THE “MARAGETHA MARIA”)

[2001] 2 Lloyd's Rep. 443

Damages - Personal injury - Breach of statutory duty - Share fisherman - Fishing vessel capsized and sank with loss of all crew - Crew of vessel worked as share fishermen - Claimants alleged breach of statutory duty by owners of vessel - Whether Fishing Vessel (Safety Provisions) Rules, 1975 imposed civil liability on owners if rules breached - Whether share fishermen were engaged under contracts of service - Whether owners entitled to limit liability.

DEFINITELY MAYBE (TOURING) LTD. v. MAREK LIEBERBERG KONZERTAGENTUR G.M.B.H.

[2001] 2 Lloyd's Rep. 455

Practice - Jurisdiction - Application to set aside writ - Governing law of contract - Contract for live performance of English pop group in Germany - Under German law place of performance of obligation to pay was domicile of debtor - Under English law place of performance was where money was to be received - Whether contract governed by English or German law - Whether application to set aside should be granted - Rome Convention, art. 4.

C INC. PLC v. L AND ANOTHER

[2001] 2 Lloyd's Rep. 459

Practice - Freezing order - Discharge - Claimant obtained judgment in default against first defendant for debt - Judgment not satisfied - Freezing order obtained against first defendant - First defendant alleged assets held as trustee or agent of third party - Freezing order obtained against assets of third party - Whether Court had power to grant freezing order over third party’s assets against whom no substantive claim brought by claimant - Whether freezing order should be discharged.

HIH CASUALTY AND GENERAL INSURANCE LTD. AND OTHERS v. CHASE MANHATTAN BANK AND OTHERS [2001] EWCA Civ 1250

[2001] 2 Lloyd's Rep. 483

Insurance (Financial contingency) - Non-disclosure - Misrepresentation - Duty of utmost good faith - Contracts for and of insurance - Allegations of non-disclosure and misrepresentation - Whether insurers entitled to avoid or rescind contract - Whether insurers entitled to damages for fraudulent and negligent misrepresentation - Whether breach of duty of utmost good faith.

SUMITOMO CORPORATION v. CREDIT LYONNAIS ROUSE LTD. [2001] EWCA Civ 1152

[2001] 2 Lloyd's Rep. 517

Practice - Disclosure - Legal professional privilege - Claim arose out of unauthorized trading of former employee of claimants - Disclosure of translations of unprivileged documents - Claimants claimed legal professional privilege in respect of translations - Whether legal professional privilege extended to translations of unprivileged documents where such translations made for purpose of litigation - Whether translations represented a collection of documents selected by claimants’ lawyers for purpose of giving legal advice and/or purpose of litigation - Whether defendants could oppose claim for privilege.

PARSONS CORPORATION AND OTHERS v. C.V. SCHEEPVAARTONDERNEMING HAPPY RANGER AND OTHERS (THE “HAPPY RANGER”)

[2001] 2 Lloyd's Rep. 530

Carriage by sea - Limitation of liability - Damage to cargo - Whether Hague or Hague-Visby Rules applied - Whether defendants entitled to exclude or limit liability.

AQUARIUS FINANCIAL ENTERPRISES INC. AND ANOTHER v. CERTAIN UNDERWRITERS AT LLOYD’S Subscribing to Contract KD970212 Certificate: No S/006633/97/L2 (THE “DELPHINE”)

[2001] 2 Lloyd's Rep. 542

Insurance (Marine) - Indemnity - Loss of yacht - Fire broke out on yacht while in harbour at Ventotene, Italy - Yacht sank - Insurers alleged fire deliberately caused by insured - Whether insured could show loss accidental.

K/S MERC-SCANDIA XXXXII v. CERTAIN LLOYD'S UNDERWRITERS SUBSCRIBING TO LLOYD'S POLICY NO 25T 105487 AND OCEAN MARINE INSURANCE CO. LTD. AND OTHERS (THE "MERCANDIAN CONTINENT") [2001] EWCA Civ 1275

[2001] 2 Lloyd's Rep. 563

Insurance (Marine) - Indemnity - Duty of utmost good faith - Breach of contract term - Ship-repairers insured in respect of negligent repairs to vessel - Claim by shipowner - Assured produced forged document - Forgery discovered - Insurers avoided liability for breach of utmost good faith - Whether entitled to do so - Assured failed to tell insurers document was forged - Whether breach of term - Whether defence to claim on policy.

SOLO INDUSTRIES UK LTD. v. CANARA BANK [2001] EWCA Civ 1059

[2001] 2 Lloyd's Rep. 578

Banking - Performance bond - Avoidance - Fraudulent conspiracy or misrepresentation - Application for summary judgment - Whether bank had real or reasonable prospect of justifying avoidance.

TRANSPACIFIC DISCOVERY S.A. v. CARGILL INTERNATIONAL S.A. (THE “ELPA”)

[2001] 2 Lloyd's Rep. 596

Charter-party (Time) - Inter-club Agreement - Applicability - Damage to cargo - Owners settled cargo claims and claimed against charterers - Owners alleged ante-dated bills of lading and not in conformity with mate’s receipts - Whether Inter-club agreement applicable to owners’ claim.

GLENCORE INTERNATIONAL A.G. v. RYAN (THE “BEURSGRACHT”)

[2001] 2 Lloyd's Rep. 602

Insurance (Marine) - Charterer’s liability - Declaration - Open cover - Insured claimed in respect of accident which occurred on vessel - Underwriters alleged no timely declaration made in respect of vessel - Whether contract of liability insurance came into effect when vessel chartered by insured.

GLENCORE INTERNATIONAL A.G. v. RYAN (THE “BEURSGRACHT”) (No. 2)

[2001] 2 Lloyd's Rep. 608

Insurance (Marine) - Charterer’s liability - Declaration - Open cover - Declaration to be made within a reasonable time - Insured claimed in respect of accident which occurred on vessel - Underwriters alleged no timely declaration made in respect of vessel - Whether underwriters entitled to reject declaration - Whether breach of condition or innominate term - Whether insured acted in good faith in omitting to make declaration within reasonable time - Whether insured entitled to recover in respect of costs and expenses occasioned in dealing with owners claim under charter-party.

DEUTSCHE RUCKVERSICHERUNG A.G. v. LA FONDIARA ASSICURAZIONI S.p.A. AND OTHERS

[2001] 2 Lloyd's Rep. 621

Practice - Claim form - Application to set aside - Good arguable case - Excess of loss reinsurance and retrocession pool - Claimants sought to recover defendants’ share of payments made by claimants - Defendants applied to set aside claim form and subsequent proceedings - Whether claimants had a good arguable case as to existence of contracts or that England was place of performance of contractual obligation.

SOCIÉTÉ ERAM SHIPPING CO. LTD. v. COMPAGNIE INTERNATIONALE DE NAVIGATION AND OTHERS AND HONG KONG AND SHANGHAI BANKING CORPORATION LTD. [2001] EWCA Civ 1317

[2001] 2 Lloyd's Rep. 627

Banking - Garnishee absolute - Double jeopardy - Garnishee order made against foreign bank within jurisdiction on account made with it by judgment debtor at branch outside the jurisdiction - Whether garnishee order should be made absolute - Whether risk of double jeopardy.

ISS MACHINERY SERVICES LTD. v. AEOLIAN SHIPPING S.A. (THE “AEOLIAN”) [2001] EWCA Civ 1162

[2001] 2 Lloyd's Rep. 641

Contract - Counterclaim - Proper law - Contract for turbo-charger governed by Japanese law - Claimants claimed price of spares under spares contract - Defendants alleged defective turbo-charger and counterclaimed - Undertaking given by defendants P. & I. club with English jurisdiction clause - Whether turbo-charger contract governed by English law.

GREAT NORTH EASTERN RAILWAY LTD. v. AVON INSURANCE PLC. [2001] EWCA Civ 780

[2001] 2 Lloyd's Rep. 649

Insurance (Business interruption) - Exclusion clause - Indemnity - Policy included Fenchurch wording which excluded liability for faulty workmanship - Policy renewed with Jardine wording which excluded liability for faulty workmanship on part of claimant or employees - Derailment at Sandy - Claim under policy - Whether insurance on terms of Fenchurch wording.

MOUSAKA INC. v. GOLDEN SEAGULL MARITIME INC. AND ANOTHER

[2001] 2 Lloyd's Rep. 657

Arbitration - Award - Human Rights Act, 1998 - Permission to appeal to High Court from arbitration award refused - Whether Judge had a duty to state reasons in full for that refusal - Application of Human Rights Act, 1998, art. 6.

THE “TASMAN DISCOVERER”

[2001] 2 Lloyd's Rep. 665

Bill of lading - Limitation of liability - Package limitation - Package limitation clause in bill of lading - Whether package limitation in Hague Rules incorporated in contract - Whether package limitation clause effective to contract out of package limitation in Hague Rules.

HARTFORD FIRE INSURANCE CO. AND OTHERS v. NOVOCARGO USA INC. AND OTHERS (THE “PACIFIC SENATOR”)

[2001] 2 Lloyd's Rep. 674

Carriage by sea - Forum selection clauses - Damage to cargo - Plaintiffs brought action in United States - Whether the defendants entitled to rely on forum selection clauses in bills of lading.

CENTER OPTICAL (HONG KONG) LTD. v. JARDINE TRANSPORT SERVICES (CHINA) LTD. AND PRONTO CARGO CORPORATION (THIRD PARTY)

[2001] 2 Lloyd's Rep. 678

Bill of lading - Misdelivery - Identity of carrier - Goods misdelivered - Whether plaintiffs had locus to bring suit - Whether defendant true contracting party - Whether obligations under bills ceased on discharge or on storage of goods after discharge - Issues as to package limitation, causation, failure to mitigate loss and proof of loss.

CHINA SHIPPING DEVELOPMENT CO. LTD. v. STATE BANK OF SAURASHTRA

[2001] 2 Lloyd's Rep. 691

Carriage by sea - Jurisdiction - Letters of indemnity - Cargo delivered against letters of indemnity signed on behalf of bank - Bank alleged signature a forgery - Owners obtained permission to serve proceedings out of jurisdiction on bank - Whether owners had made out a good arguable case - Whether service of proceedings should be set aside.

SEASHORE MARINE S.A. v. PHOENIX ASSURANCE PLC AND OTHERS (THE “VERGINA”) (No.2)

[2001] 2 Lloyd's Rep. 698

Insurance (Marine) - Salvage - Contributions - Insured perils - Vessel on voyage to Europe developed list to starboard of 23 deg. and crew abandoned ship - Salvage services rendered - Claimants claimed from defendant insurers their proportion of salvage liabilities - Whether salvage liabilities incurred in connection with avoidance of a loss of the vessel by insured perils i.e. perils of the seas or crew negligence.

GANGWAY LTD. v. CALEDONIAN PARK INVESTMENTS (JERSEY) LTD. AND ANOTHER

[2001] 2 Lloyd's Rep. 715

Practice - Freezing injunction - Variation - Intervenor bank given notice of freezing injunction - Bank applied to vary order to permit it to realize its securities - Whether variation order should be qualified.

SEASHORE MARINE S.A. v. PHOENIX ASSURANCE PLC AND OTHERS (THE “VERGINA”)

[2001] 2 Lloyd's Rep. 719

Practice - Procedure - Evidence - Perils insured against - Vessel developed list - Salvage services rendered - Claimants alleged list caused by peril insured against - Insurers denied list so caused but advanced no positive case - Evidence to be adduced by both parties on issue as to vessel’s ballast system.

GALAXY ENERGY INTERNATIONAL LTD. (BVI) v. EUROBUNKER S.p.A.

[2001] 2 Lloyd's Rep. 725

Sale of goods - Quality - Pour point - Manifest error - Sale of low sulphur fuel oil - Pour point to be deg. C +3 max at disport - Certificate to be final and binding save fraud and manifest error - Whether buyers could show plain and obvious error in certificate or procedure relating to making of certificate.

VEBA OIL SUPPLY AND TRADING G.m.b.H. v. PETROTRADE INC.

[2001] 2 Lloyd's Rep. 731

Sale of goods - Sampling procedure - Allegation of breach - Contract for sale of gasoil - Claimants alleged wrong method of testing sample applied by inspectors - Whether claimants bound by determination of inspector - Whether defendants entitled to summary dismissal of claim brought against them.

TRANE CO. AND OTHERS v. HANJIN SHIPPING CO. LTD. AND OTHERS (THE “HANJIN MARSEILLES”)

[2001] 2 Lloyd's Rep. 735

Bill of lading - Limitation of liability - Package limitation - Contract for carriage of goods from United States to Hong Kong - Damage to cargo - Meaning of phrase “apply compulsorily” in cl. 2(a) of paramount clause in bill of lading - Whether contract subject to provisions of U.S. COGSA, 1936 - Whether bill of lading subject to package limitation.

Lloyd's Law Reports