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THE “SAUDI PRINCE” (NO. 2)

[1988] 1 Lloyd's Rep. 1

Carriage by sea - Bill of lading - Non-delivery and damage to cargo - Whether owners liable under Italian law - Whether owners could rely on Hague Rules - Whether owners liable for incompetence of stevedores - Quantum.

THORMAN AND OTHERS v. NEW HAMPSHIRE INSURANCE CO. (U.K.) LTD. AND HOME INSURANCE CO.

[1988] 1 Lloyd's Rep. 7

Insurance (Professional Negligence) - Transfer of cover - Architects insured against building defects - Professional negligence insurance cover transferred from one insurer to another - Claims made under insurance policy - Whether previous insurers liable for only part of claim.

FORSIKRINGSAKTIESELSKAPET VESTA v. J. N. E. BUTCHER, BAIN DAWES LTD. AND THE AQUACULTURAL INSURANCE SERVICE LTD.

[1988] 1 Lloyd's Rep. 19

Reinsurance - Repudiation - Insurance brokers - Storm caused damage to fish farm - Reinsurers repudiated liability - Whether insured in breach of warranties - Whether reinsurers entitled to avoid policy - Whether insurance brokers liable for breach of duty - Whether Law Reform (Contributory Negligence) Act 1945 applied to contractual claim.

SLAZENGERS LTD. AND OTHERS v. SEASPEED FERRIES INTERNATIONAL LTD. (THE “SEASPEED DORA”)

[1988] 1 Lloyd's Rep. 36

Practice - Security for costs - Co-plaintiffs - Roll-on roll-off vessel capsized at Jeddah - Plaintiff cargo-owners claimed damages - Defendants applied for security of costs - 50 per cent. of plaintiffs foreign - Whether application for costs should be granted.

ANNANGEL GLORY COMPANIA NAVIERA S.A. v. M. GOLODETZ LTD., MIDDLE EAST MARKETING CORPORATION (UK) LTD AND CLIVE ROBERT HAMMOND (THE “ANNANGEL GLORY”)

[1988] 1 Lloyd's Rep. 45

Charter-party (Time) - Lien - Sub-freights - Owners to have lien on all sub-freights - Charterers in liquidation - Owners claimed sums due from sub-charterers - Whether lien a registrable charge - Companies Act, 1985 s. 395.

MINERALS & METALS TRADING CORPORATION OF INDIA LTD. v. ENCOUNTER BAY SHIPPING CO. LTD. (THE “SAMOS GLORY”) (No. 2)

[1988] 1 Lloyd's Rep. 51

Arbitration - Award - Application to set aside - Disputes under charter referred to arbitration - Umpire determined despatch claim - Owners alleged umpire exceeded jurisdiction - Whether award should be set aside.

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

[1988] 1 Lloyd's Rep. 55

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.

R.A. HOUGHTON AND MANCON LTD. v. SUNDERLAND MARINE MUTUAL INSURANCE CO. LTD. (THE “NY-EEASTEYR”)

[1988] 1 Lloyd's Rep. 60

Insurance (Marine) - Total loss of vessel - Scuttling - Vessel sunk due south of Worthing - Plaintiffs claimed under insurance policy - Insurers denied liability - Whether vessel scuttled - Whether plaintiffs connived at scuttling - Whether insurers liable.

BANK LEUMI LE ISRAEL BM v. BRITISH NATIONAL INSURANCE CO. LTD. AND OTHERS

[1988] 1 Lloyd's Rep. 71

Insurance (Contingency) - Non-disclosure - Misrepresentation - Loan made by bank to finance cost of production of feature film - Loan secured by letter of credit and contingency insurance - Loan not repaid - Bank claimed under policy - Whether insurers entitled to avoid policy for misrepresentation and non-disclosure - Whether bank had an insurable interest.

BANK LEUMI LE ISRAEL B.M. v. BRITISH NATIONAL INSURANCE CO. LTD. AND OTHERS AND BRIAN JOHNSTON & CO. (INSURANCE SERVICES) LTD.

[1988] 1 Lloyd's Rep. 79

BODEN AND OTHERS v. HUSSEY

[1988] 1 Lloyd's Rep. 84

Reinsurance - War and all risks - Total loss of Air India jumbo jet off Ireland - Reinsurance policy contained 50/50 provisional claims settlement clause - Whether reinsured entitled to payment by each set of reinsurers - Whether plaintiffs entitled to be indemnified by defendants under quota share reinsurance treaties.

PROCTOR & GAMBLE PHILIPPINES MANUFACTURING CORPORATION v. KURT A. BECHER G.m.b.H & CO. K.G.

[1988] 1 Lloyd's Rep. 88

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.

COASTAL INTERNATIONAL TRADING LTD. (NOW CHALLENGER PETROLEUM LTD) v. MAROIL A.G.

[1988] 1 Lloyd's Rep. 92

Sale of goods (c. & f.) - Repudiation - Damages - Sellers unable to supply fuel oil - Buyers accepted failure as repudiation - Buyers unable to perform contract with their sub-buyers - Whether buyers entitled to claim as damages profits they would have made on the sub-contract.

ATLANTIC LINES & NAVIGATION CO. INC. v. THE SHIP “DIDYMI” AND DIDYMI CORPORATION (THE “DIDYMI”)

[1988] 1 Lloyd's Rep. 97

Charter-party (Time) - Set-off - Charterers claimed damages for loss caused by drydocking of vessel - Owners counterclaimed - Disputes referred to arbitration in London - Arbitrators awarded charterers damages - Whether owners could set-off their claims against amount awarded to charterers.

THE “DERBYSHIRE”

[1988] 1 Lloyd's Rep. 109

Admiralty practice - Personal injury - Vessel sank with loss of all hands - Plaintiffs claimed damages on behalf of deceased third engineer’s estate - Plaintiffs alleged construction of vessel defective - Whether vessel “equipment” provided by defendants - Whether defendants liable - Employer’s Liability (Defective Equipment) Act, 1969, s. 1.

NAVIERA AMAZONICA PERUANA S.A. v. COMPANIA INTERNACIONAL DE SEGUROS DEL PERU

[1988] 1 Lloyd's Rep. 116

Arbitration - Arbitration clause - Hull insurance policy - City of Lima to have jurisdiction over disputes - Disagreement as to the rate of premium - Arbitration clause in policy - Arbitration governed by English law - Whether dispute should be referred to arbitration in London or Lima.

ORESUNDSVARVET AKTIEBOLAG v. MARCOS DIAMANTIS LEMOS (THE “ANGELIC STAR”)

[1988] 1 Lloyd's Rep. 122

Shipbuilding contract - Penalty clause - Default clause in contract provided that in the event of default purchaser to pay immediately all sums due and to become due including future interest - Whether this a penalty clause - Whether clause enforceable under English law.

TRANSCONTAINER EXPRESS LTD. v. CUSTODIAN SECURITY LTD.

[1988] 1 Lloyd's Rep. 128

Negligence - Sub-bailees - Duty of care - Plaintiffs sub-contracted carriage of brandy from Dover to Feltham - Goods placed in defendants’ security park over weekend - Goods stolen from park - Whether defendants sub-bailees for reward - Whether defendants owed plaintiffs a duty of care.

SPHERE DRAKE INSURANCE PLC AND OTHERS v. GUNES SIGORTA ANONIM SIRKETI

[1988] 1 Lloyd's Rep. 139

Practice - Application to set aside - Defendants reinsured plaintiffs’ business - Plaintiffs claimed balance due from defendants in respect of reinsurance - Writ issued by plaintiffs - Writ endorsed by defendants’ solicitors - Whether agreement between parties to effect service - Whether application to set aside writ and all subsequent proceedings should be granted.

SONAT OFFSHORE S.A. v. AMERADA HESS DEVELOPMENT LTD. AND TEXACO (BRITAIN) LTD.

[1988] 1 Lloyd's Rep. 145

Contract - Construction - Drilling agreement - Agreement provided for rates of payment of contractor - Contractor furnished drilling rig and certain equipment - Explosion in riser tensioner equipment - Rig out of action - Whether contractors entitled to payment for period rig out of action - Rate of payment contractor entitled to.

DEUTSCHE SCHACHTBAU-UND-TIEFBOHRGESELLSCHAFT m.b.H. v. RAS AL KHAIMAH NATIONAL OIL CO. AND SHELL INTERNATIONAL PETROLEUM CO. LTD. (NO. 2)

[1988] 1 Lloyd's Rep. 164

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 “LINDA”

[1988] 1 Lloyd's Rep. 175

Admiralty practice - Jurisdiction - Application to set aside or stay proceedings - Collision in Scheur Channel - Defendants arrested vessel at Flushing and commenced proceedings in Netherlands Court - Plaintiffs commenced proceedings in England - Whether English Court should decline jurisdiction in favour of Dutch Court - Civil Jurisdiction and Judgments Act, 1982.

SUNDERLAND STEAMSHIP P. AND I. ASSOCIATION v. GATOIL INTERNATIONAL INC. (THE “LORENZO HALCOUSSI”)

[1988] 1 Lloyd's Rep. 180

Arbitration - Subpœ£na duces tecum - Application to set aside - Dispute between owners and charterers as to damage to cargo - Charterers sought discovery of documents regarding recommendations made by P. and I. Club - Arbitrators made no order - Charterers served club with subpœ£na - Whether application to set aside subpœ£na should be granted.

K/S A/S BILL BIAKH AND K/S A/S BILL BIALI v. HYUNDAI CORPORATION

[1988] 1 Lloyd's Rep. 187

Arbitration - Evidence - Documents relating to technical investigations - Arbitrator ruled neither party precluded from relying on documents - Whether arbitrators had misconducted themselves - Whether documents may be adduced in evidence.

MITSUBISHI CORPORATION v. ARISTIDIS I. ALAFOUZOS

[1988] 1 Lloyd's Rep. 191

Shipbuilding contract - Application to set aside - Guarantee - Buyers failed to pay second and third instalments - Sellers claimed against guarantor - Whether sellers had a good arguable case - Whether contract governed by English law - Whether application to set aside leave to issue and serve proceedings abroad should be granted.

METAALHANDEL J.A. MAGNUS B.V. v. ARDFIELDS TRANSPORT LTD. AND EASTFELL LTD. (T/A JONES TRANSPORT)

[1988] 1 Lloyd's Rep. 197

Bailment - Quasi-bailment - First defendants agreed to store plaintiffs’ goods - First defendants sub-contracted storage to second defendants - Goods disappeared while in custody of second defendants - Whether first defendants liable for loss - Whether contract between plaintiffs and first defendants subject to first defendants’ standard conditions - Whether judgment should be expressed in Dutch Guilders or sterling.

ACE IMPORTS PTY. LTD. v. COMPANHIA DE NAVEGACAO LLOYD BRASILEIRO (THE “ESMERALDA 1”)

[1988] 1 Lloyd's Rep. 206

Carriage by sea - Short delivery - FCL container - 437 boxes loaded into container for carriage to Australia - Container opened at destination - 118 boxes missing - Whether defendants precluded from denying 437 boxes received - Whether defendants took reasonable care of the boxes - Australia.

IDEAL MUTUAL INSURANCE CO. v. KOREAN REINSURANCE CORPORATION

[1988] 1 Lloyd's Rep. 212

Reinsurance - Non-payment - Plaintiffs obtained order of attachment of defendant’s account - Defendant posted bond in lieu of attachment - Plaintiffs amended complaint to plead higher damages - Whether plaintiffs’ application for order of foreign attachment should be granted - United States

COLONIAL BANK v. EUROPEAN GRAIN & SHIPPING LTD. (THE “DOMINIQUE”)

[1988] 1 Lloyd's Rep. 215

Charter-party (Voyage) - Freight - Non-payment - Bank gave notice of assignment to charterers - Vessel arrested by creditor - Owners unable or unwilling to continue voyage - Charterers incurred transhipment costs - Whether bank entitled to claim freight from charterers - Whether charterers entitled to right of set off.

EURO-DIAM LTD. v. BATHURST

[1988] 1 Lloyd's Rep. 228

Insurance (Cargo) - Breach of foreign law - Loss of insured diamonds - Whether a loss occurred which was covered by policy - Whether breach or breaches of the law of Federal Republic of Germany occurred - Whether insurers could rely on such breaches as defence to the claim.

FERRARINI S.p.A. AND OTHERS v. MAGNOL SHIPPING CO. INC. (THE “SKY ONE”)

[1988] 1 Lloyd's Rep. 238

Practice - Writ - Extension of validity - Application to set aside - Vessel sunk off Crete - Cargo-owners claimed against defendant Panamanian owners - Writ served out of jurisdiction - Whether writ validly served - Whether extension of validity should be granted - Whether writ should be set aside.

FIRST STEAMSHIP CO. LTD v. CTS COMMODITY TRANSPORT SHIPPING SCHIFFAHRTSGESELLSCHAFT mbH (THE “EVER SPLENDOR”)

[1988] 1 Lloyd's Rep. 245

Charter-party (Voyage) - Limitation of time - Stay of action - Appointment of arbitrator eight weeks out of time - Writ endorsed with claim for freight - Whether owners’ claim to freight unarguable - Whether application for extension of time should be granted - Whether action should be stayed - Arbitration Act, 1950 s. 27 - Arbitration Act, 1975 s. 1.

BP OIL INTERNATIONAL LTD., BP INTERNATIONAL LTD AND SOCIETE FRANCAISE DES PETROLES BP v. SURENA DELMAR NAVEGACION S.A. (THE “IRINI M”)

[1988] 1 Lloyd's Rep. 253

Bill of lading - Short delivery - Carriage of cargo of crude oil - Difference between ship and shore figures at ports of loading and discharge - Plaintiffs alleged short delivery - Whether shortage caused without fault of defendants.

LIBYAN ARAB FOREIGN BANK v. BANKERS TRUST CO.

[1988] 1 Lloyd's Rep. 259

Conflict of laws - Contract - Illegal performance - U.S. Government blocked Libyan interests and property - Whether plaintiffs entitled to balance of account in London branch of U.S. bank - Whether payment illegal - Whether bank failed to execute instructions and in breach of duty - Whether contracts frustrated.

THE “FEDERAL HURON”

[1988] 1 Lloyd's Rep. 288

Admiralty practice - Jurisdiction - Arrest of vessel - Damage to cargo - Vessel arrested in Papua New Guinea - Whether Courts in Papua New Guinea had Admiralty jurisdiction in rem in respect of damage to cargo - Papua New Guinea.

SCHIFFSHYPOTHEKENBANK ZU LUEBECK A.G. v. NORMAN PHILIP COMPTON (THE “ALEXION HOPE”)

[1988] 1 Lloyd's Rep. 311

Insurance (Marine) - Mortgagees’ interest policy - Vessel damaged by fire - Shipowners claimed vessel a constructive total loss - Whether fire an “occurrence” within policy - Whether “passed” meant issued by average adjuster or accepted by hull underwriters - Whether mortgagees could claim under policy.

CHANNEL ISLAND FERRIES LTD. v. SEALINK U.K. LTD.

[1988] 1 Lloyd's Rep. 323

Contract - Construction - Joint venture agreement for future operation of Channel Island ferry services - Last minute amendment - Sealink crews took industrial action - Whether JVA permitted time chartering - Whether force majeure clause applicable - Whether plaintiffs in breach for operating cargo vessel through an associated company.

THE “MEKHANIK EVGRAFOV” AND “IVAN DERBENEV” (No. 2)

[1988] 1 Lloyd's Rep. 330

Admiralty practice - Limitation of liability - Damage to cargo of newsprint - Plaintiffs brought action for damages against defendants - Defendants gave notice of intention to bring limitation action if judgment was for greater sum than the limit - Whether defendants entitled to bring separate limitation action.

K/S ARNT J. MOERLAND v. KUWAIT PETROLEUM CORPORATION (THE “FJORDAAS”)

[1988] 1 Lloyd's Rep. 336

Charter-party (Voyage) - Demurrage - Reachable on arrival - Vessel unable to berth because of prohibition of night navigation, absence of tugs and bad weather - Whether charterers could rely on cl. 6 of charter - Whether owners entitled to demurrage.

RASHTRIYA CHEMICALS AND FERTILIZERS LTD. v. HUDDART PARKER INDUSTRIES LTD. (THE “BORAL GAS”)

[1988] 1 Lloyd's Rep. 342

Charter-party (Consecutive Voyage) - Delay in loading - Vessel kept waiting for pre-coolant - Whether charterers in breach - Quantum of damages - Owners exercise lien at discharging port - Vessel detained - Whether laytime counted during period of dispute.

VIRGO STEAMSHIP CO. S.A. v. SKAARUP SHIPPING CORPORATION (THE “KAPETAN GEORGIS”)

[1988] 1 Lloyd's Rep. 352

Charter-party (Time) - Third party notice - Application to set aside - Dangerous cargo - Cargo of coal loaded - Explosion occurred - Vessel damaged - Third party notice served on shippers out of jurisdiction - Whether discretion of Court properly exercised - Whether third party notice should be set aside.

LEMENDA TRADING CO. LTD. v. AFRICAN MIDDLE EAST PETROLEUM CO. LTD.

[1988] 1 Lloyd's Rep. 361

Agency - Commission - Supply contract between defendants and Qatar national oil corporation - Side letter provided no commission payable during currency of contract - Supply contract renewed - Plaintiffs claimed commission for procuring renewal - Whether agreement for payment of commission illegal.

MORGAN GUARANTY TRUST CO. v. D. HADJANTONAKIS AND ANOTHER (No. 2)

[1988] 1 Lloyd's Rep. 375

Practice - Transfer of action - Guarantee - Plaintiffs claimed under supplemental personal guarantees - Issues as to non-enforcement of term and jurisdiction - Action commenced in Commercial Court - Plaintiffs claimed entitlement to the speediest possible trial of the action - Whether action should be transferred.

MORGAN GUARANTY TRUST CO. v. D. HADJANTONAKIS AND ANOTHER

[1988] 1 Lloyd's Rep. 381

THE “ADHIGUNA MERANTI”

[1988] 1 Lloyd's Rep. 384

Carriage by sea - Stay of action - Carriage of goods from Taiwan to Indonesia - Vessel grounded in Taiwan waters - Vessel declared constructive total loss - Action brought in Hong Kong - Whether Indonesia more natural and convenient forum - Whether action should be stayed - Hong Kong.

THE “GORING”

[1988] 1 Lloyd's Rep. 397

Salvage - Remuneration - Vessel salved in non-tidal waters - Salvors claimed reward - Whether Court had jurisdiction to award salvage - Whether writ should be set aside.

BANK NEGARA INDONESIA 1946 v. LARIZA (SINGAPORE) PRIVATE LTD.

[1988] 1 Lloyd's Rep. 407

Banking - Letter of credit - Sellers sold palm oil to buyers - Bank opened irrevocable letter of credit - Sellers requested bank to transfer part of letter of credit to suppliers of palm oil - Bank refused - Suppliers were awarded damages against sellers - Whether sellers entitled to be indemnified by bank.

NAVIERA MOGOR S.A. v. SOCIÉTÉ METALLURGIQUE DE NORMANDIE (THE “NOGAR MARIN”)

[1988] 1 Lloyd's Rep. 412

Charter-party (Voyage) - Bills of lading - Indemnity - Charterers presented inaccurate bills of lading for signature - Damage to cargo - Receivers’ claim settled - Whether charterers in breach in presenting inaccurate bills - Whether master’s negligent act broke chain of causation - Whether owners entitled to be indemnified by charterers.

BODEN AND OTHERS v. HUSSEY

[1988] 1 Lloyd's Rep. 423

Reinsurance - War and all risks - Total loss of Air India jumbo jet off Ireland - Reinsurance policy contained 50/50 provisional claims settlement clause - Whether reinsured entitled to payment by each set of reinsurers - Whether plaintiffs entitled to be indemnified by defendants under quota share reinsurance treaties.

THE “DAGMARA” AND “AMA ANTXINE”

[1988] 1 Lloyd's Rep. 431

Admiralty practice - Arrest of vessel - Application to set aside - Plaintiffs’ and defendants’ vessels fishing 50 miles off south-west coast of Ireland - Plaintiffs alleged that defendants navigated vessel dangerously - Plaintiffs’ vessel forced to leave fishing grounds - Whether plaintiffs entitled to damages - Whether Court had jurisdiction to hear claim - Supreme Court Act, 1981 s. 20(2)(e).

THE “RUBEN MARTINEZ VILLENA” (No. 2)

[1988] 1 Lloyd's Rep. 435

Admiralty practice - Stay of action - Costs - Dispute as to damage to cargo - Admiralty Registrar stayed action and ordered defendants to pay half of plaintiffs’ costs - Whether action should have been stayed - Whether costs should be varied.

G. & N. ANGELAKIS SHIPPING CO. S.A. v. COMPAGNIE NATIONAL ALGERIENNE DE NAVIGATION (THE “ATTIKA HOPE”)

[1988] 1 Lloyd's Rep. 439

Charter-party (Voyage) - Sub-freights - Lien - Head time charter gave owners a lien on cargoes and sub-freights - Voyage charter between disponent owners and defendants - Plaintiffs alleged disponent owners assigned freight to them - Defendants paid freight to owners - Whether plaintiffs entitled to recover against the defendants.

NGO CHEW HONG EDIBLE OIL PTE. LTD. v. SCINDIA STEAM NAVIGATION CO. LTD. (THE “JALAMOHAN”)

[1988] 1 Lloyd's Rep. 443

Bill of lading - Freight prepaid - Non-payment of hire - Owners withdrew vessel and completed voyage - Whether bills of lading evidenced contract between shippers and owners - Whether owners authorized issue of pre-paid bills of lading - Whether owners entitled to recover freight or quantum meruit from shippers.

NAVIGAZIONE ALTA ITALIA SpA v. SVENSKA PETROLEUM AB (THE “NAI MATTEINI”)

[1988] 1 Lloyd's Rep. 452

Bill of lading - Short delivery - Arbitration clause - Sub-charter assigned to defendants - Carriage of cargo of crude oil - Defendants alleged short delivery - Whether bill of lading effective to incorporate arbitration clause in either head or sub-charter - Whether plaintiffs entitled to declaration that there was no agreement to refer disputes to arbitration.

GRUNZWEIG UND HARTMANN MONTAGE G.m.b.H. v. RAHIM MOTTAGHI IRVANI

[1988] 1 Lloyd's Rep. 460

Bills of exchange - Guarantee - Contract for construction of cold stores in Iran - Payment to be by accepted drafts in Deutsche Marks - Defendant signed back of each draft - Words “bon pour aval pour les tires” added above defendant’s signature - Drafts dishonoured - Whether defendant guaranteed drafts - Whether defendant liable.

ALDINGTON SHIPPING LTD. v. BRADSTOCK SHIPPING CORPORATION AND MABANAFT G.m.b.H. (THE “WAYLINK” AND “BRADY MARIA”)

[1988] 1 Lloyd's Rep. 475

Collision - Stay of action - Collision in River Elbe in Germany - Limitation action brought in Hamburg by defendants - Plaintiffs instituted damage action in Gibraltar - Whether action in Gibraltar should be stayed - Gibraltar.

ITT SCHAUB-LORENZ VERTRIEBSGESELLSCHAFT m.b.H. AND OTHERS v. BIRKART JOHANN INTERNATIONALE SPEDITION G.m.b.H. & CO. K.G. AND OTHERS

[1988] 1 Lloyd's Rep. 487

Carriage by road - CMR - Contribution notice - Application to set aside - Goods lost in transit - Plaintiffs sued CMR carriers - Third defendants served notice of contribution on fourth defendants - Whether third defendants’ claim and proceedings bad in law - Whether fourth defendants’ application to set aside should be granted - CMR art. 37(a).

THE “FALSTRIA”

[1988] 1 Lloyd's Rep. 495

Admiralty practice - Stay of action - Limitation of liability - Vessel collided with quay and gantry crane - Dock company commenced action in Denmark against owners and charterers - Charterers commenced limitation of liability action in England - Whether limitation action should be stayed.

PALM SHIPPING INC. v. KUWAIT PETROLEUM CORPORATION (THE “SEA QUEEN”)

[1988] 1 Lloyd's Rep. 500

Charter-party (Voyage) - Laytime - Delay in berthing - Vessel ordered to load at Mina al Ahmadi - Non-availability of tugs and bad weather prevented berthing - Whether delay should count as used laytime against charterers.

KANSA GENERAL INSURANCE CO. LTD. v. BISHOPSGATE INSURANCE PLC

[1988] 1 Lloyd's Rep. 503

Arbitration - Award - Further reasons - Reinsurance - Applicants sought to avoid participation in treaty reinsurance on grounds of misrepresentation and non-disclosure - Arbitrators rejected applicants’ claim - Whether arbitrators could be ordered to state further reasons.

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

[1988] 1 Lloyd's Rep. 514

Insurance (Marine) - War risks - Owners traded vessel to Gulf - Bank mortgagees unaware vessel uninsured - Vessel struck by missile - Letter of undertaking - Whether club in breach of duty of utmost good faith in failing to disclose what they knew to the bank - Duty to speak.

KLEINWORT BENSON LTD. v. MALAYSIA MINING CORPORATION BERHAD

[1988] 1 Lloyd's Rep. 556

Contract - Letter of comfort - Dealings on London Metal Exchange - Defendants furnished plaintiffs with letter of comfort as part of loan facility made by plaintiffs to subsidiary of defendants - Collapse of tin market - Plaintiffs demanded payment - Whether letter of comfort had contractual status - Whether defendants liable.

BIBBY BULK CARRIERS LTD. v. CANSULEX LTD. AND OTHERS

[1988] 1 Lloyd's Rep. 565

Practice - Discovery of documents - Dispute as to damage to vessel caused by sulphur cargo - Plaintiffs impliedly undertook not to disclose document disclosed in course of discovery - Whether plaintiffs could be released from undertaking - R.S.C., O. 24, r. 14A.

Lloyd's Law Reports