- Home/Publications/Lloyd's Law Reports
GLENCORE ENERGY UK LTD v CIRRUS OIL SERVICES LTD
[2014] 2 Lloyd's Rep. 1
Contract – Contract formation – Identification of offer and acceptance – Identity of buyer – Sale of Goods Act 1979, section 50.
KINGDOM OF THE NETHERLANDS v RUSSIAN FEDERATION (THE “ARCTIC SUNRISE”)
[2014] 2 Lloyd's Rep. 20
International law of the sea – Russian Federation detaining Netherlands-flagged vessel in Russian exclusive economic zone – Netherlands instituting arbitration proceedings contending that Russian Federation acted in breach of international law – Whether Netherlands entitled to “prescription of provisional measures” pending determination of dispute – UNCLOS, article 290, para 5.
SWALLOWFALLS LTD v MONACO YACHTING & TECHNOLOGIES SAM AND ANOTHER
[2014] 2 Lloyd's Rep. 50
Shipbuilding contract - Loan agreement - Buyer of luxury yacht making loan to contractor to enable construction to be completed - Buyer demanding repayment of loan - Whether loan repayable on demand - Whether loan agreement contained implied terms as to buyer's obligation to cooperate - Whether buyer entitled to summary judgment.
BARCLAYS BANK PLC v UNICREDIT BANK AG (FORMERLY KNOWN AS BAYERISCHE HYPO-UND VEREINSBAND AG) AND ANOTHER
[2014] 2 Lloyd's Rep. 59
Banking - Loan securitisations - Whether claimant bank exercised discretion in "commercially reasonable manner" in refusing to consent to early termination - Whether "entire agreement" clause precluded - reliance on claimant's understanding.
GEDEN OPERATIONS LTD v DRY BULK HANDY HOLDINGS INC (THE M/V “BULK URUGUAY”)
[2014] 2 Lloyd's Rep. 66
Charterparty (Time) – Anticipatory breach – Renunciation – Whether charterers entitled to give voyage orders to transit Gulf of Aden – Owners asserting that permission required – Whether owners in repudiatory breach.
LOMBARD-KNIGHT AND ANOTHER v RAINSTORM PICTURES INC
[2014] 2 Lloyd's Rep. 74
Arbitration – Enforcement of award – New York Convention – Procedural requirements – Arbitration Act 1996, sections 102 and 103.
MORAN YACHT & SHIP INC v PISAREV AND ANOTHER (THE “4YOU”)
[2014] 2 Lloyd's Rep. 88
Agency – Sale of goods – Yacht – Brokers claiming commission for sale of yacht – Whether brokers expressly or impliedly instructed to sell yacht – Whether brokers an effective cause of the sale – Measure of commission – Personal liability in tort of owner of instructing company for inducing breach of contract.
NYK BULKSHIP (ATLANTIC) NV v CARGILL INTERNATIONAL SA (THE “GLOBAL SANTOSH”)
[2014] 2 Lloyd's Rep. 103
Charterparty (Time) – Off-hire – Vessel detained by court order at discharge port – Order procured by c&f seller to secure demurrage claim against cargo receivers – Whether sellers and/or receivers “agents” of charterers – Whether vessel off-hire.
AMERICAN OVERSEAS MARINE CORPORATION v GOLAR COMMODITIES LTD (THE “LNG GEMINI”)
[2014] 2 Lloyd's Rep. 113
Charterparty (Time) – Injurious cargoes – Charter of liquefied natural gas carrier precluding carriage of “cargoes injurious to the Vessel” – Charterers shipping cargo of LNG – Debris subsequently found in vessel's cargo pumps and tanks – Whether charterers in breach of charter.
HONEYWELL INTERNATIONAL MIDDLE EAST LTD v MEYDAN GROUP LLC
[2014] 2 Lloyd's Rep. 133
Arbitration – Enforcement of award – Defences to enforcement – Whether allegations of bribery were arbitrable – Whether defendant prevented from appointing an arbitrator – Whether matters not agreed were referred to the arbitrators – Whether procedure in accordance with agreed arbitral rules – Public policy – Arbitration Act 1996, sections 102 and 103.
MED MARINE v CASTILLO SCHIFFAHRTS-GMBH & CO KG MS AND ANOTHER (THE "CONTI CARTAGENA")
[2014] 2 Lloyd's Rep. 162
Practice – Claim form – Service out of the jurisdiction – Turkish company providing tug and pilotage assistance to vessel in Turkey – Contract incorporating UK Standard Conditions for Towage and Other Services – Whether contract contained exclusive English jurisdiction clause – Whether service of claim form should be set aside.
GREENCLOSE LTD v NATIONAL WESTMINSTER BANK PLC
[2014] 2 Lloyd's Rep. 169
Banking – ISDA Master Agreement – Bank entitled to unilaterally extend loan agreement by notice – Bank purporting to give notice by email – Whether email a permissible form of notice – Effect of out of office reply – Meaning and form of notice by “electronic messaging system” as used in the 1992 form – Implied term – Whether bank under a duty to act in good faith.
MARTRADE SHIPPING & TRANSPORT GMBH v UNITED ENTERPRISES CORPORATION (THE "WISDOM C")
[2014] 2 Lloyd's Rep. 198
Practice - Interest - Arbitrators awarding penal rate of interest - Time charter providing for English law and London arbitration - Whether significant connection between charterparty and England - Applicable law - Late Payment of Commercial Debts (Interest) Act 1998 - Rome Convention 1980, articles 3 and 4 - Contracts (Applicable Law) Act 1990.
STOTT v THOMAS COOK TOUR OPERATORS LTD
[2014] 2 Lloyd's Rep. 207
International carriage by air - Liability of air carriers - Disabled passengers - Injury to feelings - Whether passengers' claims are subject to Montreal Convention - Whether Montreal Convention has exclusivity over domestic legislation - Montreal Convention, articles 17 and 29.
Gard v Oil Pollution Compensation Fund
[2014] 2 Lloyd's Rep. 219
International law – Immunity – Freezing injunction – P&I Club applying for freezing injunction against International Oil Pollution Compensation Fund – Whether Fund immune from grant of freezing order relief – International Oil Pollution Compensation Fund (Immunities and Privileges) Order 1979.
FULTON SHIPPING INC OF PANAMA v GLOBALIA BUSINESS TRAVEL SAU (FORMERLY TRAVELPLAN SAU) OF SPAIN (THE "NEW FLAMENCO")
[2014] 2 Lloyd's Rep. 230
Charterparty (Time) - Repudiation - Damages - Time-charterers redelivering vessel early - Owners selling vessel upon repudiation for a greater sum than the value of the vessel at the contractual date for redelivery - Whether owners bound to give credit for difference in capital values.
LA SOCIÉTÉ POUR LA RECHERCHE, LA PRODUCTION, LE TRANSPORT, LA TRANSFORMATION ET LA COMMERCIALISATION DES HYDROCARBURES SPA (SONATRACH) v STATOIL NATURAL GAS LLC
[2014] 2 Lloyd's Rep. 252
Arbitration – Serious irregularity – Award of interest on enforcement order – Arbitration Act 1996, sections 33, 49, 66 and 68 – Judgments Act 1838.
SAN EVANS MARITIME INC AND OTHERS v AIGAION INSURANCE CO SA (THE "ST EFREM")
[2014] 2 Lloyd's Rep. 265
Insurance (marine) - Leading underwriter clause - Effect of settlement made by leading underwriter on following insurers - Contracts (Rights of Third Parties) Act 1999.
BROCKTON CAPITAL LLP v ATLANTIC-PACIFIC CAPITAL INC
[2014] 2 Lloyd's Rep. 275
Arbitration - Serious irregularity - Parties submitting post-hearing arguments - Arbitrators taking a point not raised by the parties - Arbitration Act 1996, sections 33 and 68(2)(a).
DIAG HUMAN SE v CZECH REPUBLIC
[2014] 2 Lloyd's Rep. 283
Arbitration – Enforcement of award – Whether award had become “binding” – Effect of judgment refusing enforcement – Effect of judgment in country where award was made – Issue estoppel – Partial enforcement – Arbitration Act 1996, section 103(2)(f) – New York Convention.
OMV PETROM SA v GLENCORE INTERNATIONAL AG
[2014] 2 Lloyd's Rep. 308
Practice – Abuse of process – Claimant bringing proceedings in Commercial Court against oil supplier claiming damages for conspiracy and/or deceit – Defendant's defence raising same issues as those determined in earlier arbitration proceedings in which defendant was respondent but a different party was claimant – Whether parts of defence should be struck out.
PERACOMO INC AND OTHERS v TELUS COMMUNICATIONS CO AND OTHERS (THE “REALICE”)
[2014] 2 Lloyd's Rep. 315
Limitation of liability – Conduct barring limitation – Fishing vessel's gear getting hooked on submarine fibre optic cable – Master of fishing vessel cutting submarine cable to release gear – Owners of cable bringing proceedings in personam and in rem – Whether master personally liable – Whether defendants precluded from limiting liability – Whether insurers entitled to deny coverage on basis of wilful default – Convention on Limitation of Liability for Maritime Claims 1976, article 4.
ABN AMRO COMMERCIAL FINANCE PLC v MCGINN AND OTHERS
[2014] 2 Lloyd's Rep. 333
Deed of indemnity – Factor entering into invoice discounting agreement with company and purchasing company's present and future debts – Factor also entering into deeds of indemnity with directors of company – Company going into administration – Factor claiming to recover outstanding debit balance from directors under deeds of indemnity – Whether liability of directors primary or secondary – Whether “proofs of delivery” constituted “Financial Records” – Whether defendants had arguable defence as to quantum – Effect of “conclusive evidence” clause – Whether “manifest error” – Whether claimant failed to mitigate loss – Whether claimant entitled to summary judgment.
AMT FUTURES LTD v MARZILLIER, DR MEIER & DR GUNTNER RECHTSANWALTSGESELLSCHAFT MBH
[2014] 2 Lloyd's Rep. 349
Conflict of laws – Jurisdiction in tort claims – Place where the damage occurred – Jurisdiction for claims by consumers – Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, article 5(3) and 16 – Whether exclusive jurisdiction clauses void under the Unfair Terms in Consumer Contracts Regulations 1999.
JET2.COM LTD v HUZAR
[2014] 2 Lloyd's Rep. 368
Aviation – Delay suffered by passenger – Right to compensation – Whether delay caused by extraordinary circumstances – European Council Regulation (EC) No 261/2004, articles 5(3) and 6.
ST MAXIMUS SHIPPING CO LTD v A P MOLLER-MAERSK A/S (THE “MAERSK NEUCHATEL”)
[2014] 2 Lloyd's Rep. 377
General average – Letter of undertaking – Whether defendant undertaking to pay sums ascertained to be due in general average adjustment or undertaking to pay sum properly and legally due from cargo interests.
SUN UNITED MARITIME LTD v KASTELI MARINE INC (THE “IMME”)
[2014] 2 Lloyd's Rep. 386
Arbitration – Jurisdiction – Costs – Whether tribunal had jurisdiction to make costs award – Whether tribunal made error of law – Arbitration Act 1996, sections 67 and 69.
A LTD v B LTD
[2014] 2 Lloyd's Rep. 393
Arbitration – Appeal against award – Obligation on appellant to exhaust available arbitral process of appeal or review – Whether process existed – Whether process exhausted – International Cotton Association Rules – Arbitration Act 1996, sections 67, 68 and 70(2).
DAWSON v THOMSON AIRWAYS LTD
[2014] 2 Lloyd's Rep. 399
Aviation – Claim for compensation for delay to flight – Time bar – Montreal Convention 1999, article 35 – European Council Regulation (EC) No 261/2004 – Limitation Act 1980, section 9.
FALKONERA SHIPPING CO v ARCADIA ENERGY PTE LTD (THE “FALKONERA”)
[2014] 2 Lloyd's Rep. 406
Charterparty (Voyage) – Ship-to-ship transfer – BPVOY4 form – Whether charterparty precluded transfer from VLCC to VLCC – Whether owners unreasonably withheld consent to transfer to VLCC.
KRUPPA v BENEDETTI AND ANOTHER
[2014] 2 Lloyd's Rep. 421
Arbitration – Stay of proceedings – Whether parties had entered into “arbitration agreement” – Arbitration Act 1996, sections 6 and 9.
NIDERA BV v VENUS INTERNATIONAL FREE ZONE FOR TRADING & MARINE SERVICES SAE
[2014] 2 Lloyd's Rep. 425
Sale of goods (fob) – Contract for sale of Ukrainian corn – Buyers claiming to have given notice of 21-day extension of delivery period – Whether notice valid – Whether extension clause applied where carrying vessel had already presented within delivery period – GAFTA Form 49.
YUKOS CAPITAL SARL v OJSC ROSNEFT OIL CO
[2014] 2 Lloyd's Rep. 435
Arbitration – Foreign award – Enforcement of award set aside by curial courts – No provision for interest in award – Whether English court could award interest until date of payment of award – Senior Courts Act 1981, section 35A.
CENTRAL TRADING & EXPORTS LTD v FIORALBA SHIPPING CO (THE “KALISTI”)
[2014] 2 Lloyd's Rep. 449
Arbitration – Jurisdiction – Claimant challenging award determining absence of jurisdiction – Claimant seeking to adduce new evidence to establish jurisdiction – Applicable principles for admission of new evidence – Arbitration Act 1996, section 67.
EMIRATES TRADING AGENCY LLC v PRIME MINERAL EXPORTS PRIVATE LTD
[2014] 2 Lloyd's Rep. 457
Arbitration – Jurisdiction – Agreement to resolve dispute by friendly discussion – Whether compliance was a condition precedent to the right to go to arbitration – Whether conditions satisfied – Arbitration Act 1996, section 67.
FHR EUROPEAN VENTURES LLP AND OTHERS v CEDAR CAPITAL PARTNERS LLC
[2014] 2 Lloyd's Rep. 471
Agency – Secret commission earned by agent – Whether principal entitled to proprietary or personal remedy – Constructive trust.
THE OWNERS OF THE VESSEL "STOLT KESTREL" v THE OWNERS OF THE VESSEL "NIYAZI S"
[2014] 2 Lloyd's Rep. 483
Admiralty practice - Action in rem - Whether claimant entitled to mandatory extension of time for bringing in rem proceedings - Whether extension of time required for bringing separate in personam proceedings - Whether extension of time required for joinder of sister ships - Merchant Shipping Act 1995, section 190(3), (5) and (6).
TRAVIS COAL RESTRUCTURED HOLDINGS LLC v ESSAR GLOBAL FUND LTD
[2014] 2 Lloyd's Rep. 494
Arbitration – Enforcement of award – Adjournment pending outcome of challenge to award in New York – Grant of security – Arbitration Act 1996, section 103(5).
KONKOLA COPPER MINES PLC v U&M MINING ZAMBIA LTD
[2014] 2 Lloyd's Rep. 507
Arbitration – Appeal against an award – Application by respondent for security for
costs – Application by respondent for security
for sums due under award – Arbitration Act
1996, sections 67, 68, 70(6) and 70(7)
MCGRAW-HILL INTERNATIONAL (UK) LTD v DEUTSCHE APOTHEKER-UND ARZTEBANK EG AND OTHERS
[2014] 2 Lloyd's Rep. 523
Conflict of laws – Jurisdiction – Negative declaratory relief – Whether dispute between the parties – Council Regulation (EC) No 44/2001, articles 5 and 6.
SOUFFLET NEGOCE SA v FEDCOMINVEST EUROPE SARL
[2014] 2 Lloyd's Rep. 537
Sale of goods (fob) – Contract for sale of French feed barley – Delivery – Buyers claiming to have given notice of 21-day extension of delivery period – Whether notice deemed to have been received on following business day – Whether notice valid – GAFTA Form 64.
STARLIGHT SHIPPING CO v ALLIANZ MARINE & AVIATION VERSICHERUNGS AG AND OTHERS (THE "ALEXANDROS T")
[2014] 2 Lloyd's Rep. 544
Insurance (marine) - Jurisdiction - Breach of settlement agreement by bringing action outside the jurisdiction - Council Regulation (EC) No 44/2001.
TIDAL ENERGY LTD v BANK OF SCOTLAND PLC
[2014] 2 Lloyd's Rep. 549
Banking – Instruction for payment through CHAPS identifying correct bank sort code and account number but wrong beneficiary – Funds accepted by receiving bank – Whether instruction satisfied – Whether payment made – Construction of CHAPS Transfer Form.
AMLIN CORPORATE MEMBER LTD AND OTHERS v ORIENTAL ASSURANCE CORPORATION (THE "PRINCESS OF THE STARS")
[2014] 2 Lloyd's Rep. 561
Reinsurance - Marine policy - Warranty in reinsurance against leaving port or adopting intended route where a typhoon or storm warning was in force - Construction of warranty - Whether warranty broken.
STARLIGHT SHIPPING CO v ALLIANZ MARINE AND AVIATION VERSICHERUNGS AG AND OTHERS (THE "ALEXANDROS T")
[2014] 2 Lloyd's Rep. 579
Insurance (marine) - Settlement agreements - Full and final settlement - Whether settlements extended to servants and agents of underwriters - Whether specific performance of settlement agreements could be ordered - Contracts (Rights of Third Parties) Act 1999.
VISCOUS GLOBAL INVESTMENT LTD v PALLADIUM NAVIGATION CORPORATION (THE “QUEST”)
[2014] 2 Lloyd's Rep. 600
Arbitration – Jurisdiction – Cargo dispute – Bills of lading incorporating charterparty arbitration clause – Owner's P&I Club providing letter of undertaking containing different arbitration clause – Whether LOU arbitration clause replaced bill of lading arbitration clauses – Whether arbitrators validly appointed – Arbitration Act 1996, section 32.
YOUNG v ANGLO AMERICAN SOUTH AFRICA LTD AND OTHERS
[2014] 2 Lloyd's Rep. 606
Practice – Claim form – Service out of the jurisdiction – Proceedings served on South African company in Johannesburg – Whether company had its "central administration" in England – Whether company domiciled in England – Council Regulation (EC) No 44/2001, article 60 – CPR 11.1.
ABANI TRADING PTE LTD v BNP PARIBAS AND ANOTHER
[2014] 2 Lloyd's Rep. 617
Banking – Letter of credit – Express term providing that bill of lading should not be a freight forwarder's bill – Whether bill of lading presented was conforming document – Whether issuing bank in breach of duty to purchaser of goods in making payment – Practice – Pleading – Whether bank entitled to indemnity costs even though not pleaded.
HUA TYAN DEVELOPMENT LTD v ZURICH INSURANCE CO LTD AND ANOTHER (THE “HO FENG 7”)
[2014] 2 Lloyd's Rep. 637
Insurance (marine) – Deadweight warranty – Effect of breach of warranty – Whether warranty inconsistent with cover note and policy – Relevance of knowledge of insurers as to breach of warranty – Rectification – Waiver and estoppel – Duty of disclosure – Marine Insurance Ordinance, sections 18, 33 and 34.
KONKOLA COPPER MINES PLC v U&M MINING ZAMBIA LTD (NO 2)
[2014] 2 Lloyd's Rep. 649
Arbitration – Jurisdiction – Serious irregularity – Whether arbitrators lacked substantive jurisdiction – Whether adjournment should have been granted – Whether arbitrators acted unfairly in proceeding to make award – Whether party unfairly presented from putting its case – Whether award final and conclusive notwithstanding “show cause” provision – Arbitration Act 1996, sections 67 and 68.