Lloyd's Maritime Law Newsletter

Admiralty practice – Interlocutory relief – Cargo claim – Plaintiff cargo interests applying for orders allowing nominated marine surveyor to be given access to vessel to investigate circumstances of cargo loss and for defendants to give all reasonable assistance to such surveyor – Whether plaintiff entitled to relief sought.

Practice – Anti-suit injunction – Disputes arising under contract containing arbitration clause – Defendant commencing arbitration in London – Defendant bringing foreign court proceedings for interim relief – Defendant subsequently bringing further foreign court proceedings for substantive relief – Defendant maintaining that substantive proceedings were required in order to preserve interim relief previously obtained – Claimant applying for anti-suit injunction to restrain the substantive proceedings – Whether good reason for not granting anti-suit injunction – Whether court’s approach should be different in non-ship arrest cases

Limitation of liability – Practice – Plaintiff shipowners constituting limitation fund by deposit of letter of undertaking in court – Plaintiffs settling claims brought against fund – Plaintiffs applying for return of letter of undertaking and other relief – Form of relief to be granted

Contract – Contracts for disposal of marine slop and sale of recycled fuel oil – Terms of contract – Whether defendant liable for failure to pay plaintiff’s invoices – Whether plaintiff in breach of contract – Whether defendant entitled to set-off – Whether clause providing for 18 per cent interest on late payment a penalty clause – Whether directors of defendant liable under guarantee – Whether defendant in breach of bareboat charterparty – Whether fraudulent representation