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GREAT ELEPHANT CORPORATION v TRAFIGURA BEHEER BV (THE “CRUDESKY”)
[2014] 1 Lloyd's Rep. 1
Charterparty (Voyage) – Demurrage – Vessel delayed at Port Harcourt by Nigerian authorities after loading cargo of crude oil – Whether charterers liable to pay demurrage at full or half rate – “Restraint of princes” – Whether cause of delay within “reasonable control of Charterers” – BPVOY3 form, clause 21. – Sale of goods (fob) – Whether buyers entitled to pass on demurrage liabilities to sellers – Whether sellers in breach of express or implied terms of contract – Whether sellers entitled to rely on force majeure exception – Whether cause of delay within “reasonable control of either party” – Whether unlawful act of Government minister broke chain of causation – Sale of Goods Act 1979, section 12(2)(b).
SEA GLORY MARITIME CO AND ANOTHER v AL SAGR NATIONAL INSURANCE CO (THE “M/V NANCY”)
[2014] 1 Lloyd's Rep. 14
Insurance (marine) – Misrepresentation – Non-disclosure – Materiality and inducement – Warranty that vessel was ISM compliant – Proper construction of warranty – Whether warranty broken – Illegality – Warranty of legality – Marine Insurance Act 1906, sections 3(2)(a), 18, 20 and 41.
THE M/V “UNION GOLD” THE M/V “UNION SILVER” THE M/V “UNION EMERALD” THE M/V “UNION PLUTO”
[2014] 1 Lloyd's Rep. 53
Admiralty practice – Application by mortgagee for sale of vessels pendente lite – Mortgagee obtaining its own valuations and asking that vessels be sold at a certain price to a certain buyer – Whether court should depart from usual order that Admiralty Marshal should sell vessel by appraisement, advertisement and inviting bids.
GARD MARINE & ENERGY LTD v CHINA NATIONAL CHARTERING CO LTD (THE "OCEAN VICTORY")
[2014] 1 Lloyd's Rep. 59
Charterparty (Time) - Safe port warranty - Hull insurers bringing subrogated claim against charterers for breach of safe port warranty - Whether port of Kashima, Japan was a safe port - Whether unsafety of port caused casualty - Whether hull insurers entitled to bring subrogated claim for value of vessel - Limitation - Interpretation of demise charterparty - Barecon 89 form.
PROTON ENERGY GROUP SA v ORLEN LIETUVA
[2014] 1 Lloyd's Rep. 100
Contract – Sale of goods cif – Formation of contract – Negotiations for sale and purchase of quantity of crude oil mix – Whether binding contract concluded – Whether buyers in repudiatory breach – Whether sellers suffered loss – Whether buyers would have been entitled to reject goods for misdescription – Sale of Goods Act 1979, section 13.
JETIVIA SA AND ANOTHER v BILTA (UK) LTD AND OTHERS
[2014] 1 Lloyd's Rep. 113
Ex turpi causa – Attribution of fraud – Directors defrauding company – Whether claim by company possible against directors by reason of attribution – Insolvency Act 1986, section 213 – Whether section had extra-territorial effect.
THE LONDON STEAM SHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD THE KINGDOM OF SPAIN (THE “PRESTIGE”)
[2014] 1 Lloyd's Rep. 137
Arbitration – Award – Enforcement – Objection to jurisdiction of arbitrator – Objector not participating in arbitral proceedings – Successful party seeking to enforce award – Objector delaying in challenge to jurisdiction – Whether extension of time should be granted to enable objector to resist enforcement – Arbitration Act 1996, sections 66 and 72.
UNITED ANTWERP MARITIME AGENCIES (UNAMAR) NV V NAVIGATION MARITIME BULGARE
[2014] 1 Lloyd's Rep. 161
Commercial agency – Choice of law – Whether court could disregard choice of another law – Rome Convention on Applicable Law 1980, article 7(2) – Mandatory law – Commercial Agents Directive, Council Directive 86/653/EEC.
BARNWELL ENTERPRISES LTD v ECP AFRICA FII INVESTMENTS LLC
[2014] 1 Lloyd's Rep. 171
Arbitration – Application for interim relief – Relief refused by arbitrators – Application made to court – Basis of refusal of relief by arbitrators – Whether interim relief should be granted until arbitrators clarified their reasons for refusing relief – Arbitration Act 1996, section 44.
CATERPILLAR (NI) LTD v JOHN HOLT & CO (LIVERPOOL) LTD
[2014] 1 Lloyd's Rep. 180
Sale of goods – Action for the price – Passing of property – Retention of title clause – No set-off clause – Whether clause incorporated, applicable and valid – Sale of Goods Act 1979, section 49.
JSC BTA BANK v ABLYAZOV
[2014] 1 Lloyd's Rep. 195
Freezing order – Defendant had right to draw down on a loan facility – Whether right of draw down an asset for the purposes of a freezing order – Disclosure.
MAN ENTERPRISE SAL v AL-WADDAN HOTEL LTD
[2014] 1 Lloyd's Rep. 217
Arbitration – Appointment of arbitrator – FIDIC Conditions 1987 – Test for appointment – Arbitration Act 1996, sections 15, 16 and 18.
IN THE MATTER OF THE ALEXANDROS T/IN THE MATTER OF THE ALEXANDROS T (NO 2)/IN THE MATTER OF THE ALEXANDROS T (NO 3)
[2014] 1 Lloyd's Rep. 223
Insurance (marine) - Conflict of laws - Settlement contract governed by English law and jurisdiction - Later proceedings in Greece - Whether English proceedings to be stayed - Brussels Judgments Regulation, Council Regulation (EC) No 44/2001, articles 27 and 28.
PRIMERA MARITIME (HELLAS) LTD AND OTHERS V JIANGSU EASTERN HEAVY INDUSTRY CO LTD AND ANOTHER
[2014] 1 Lloyd's Rep. 255
Arbitration – Award – Serious irregularity – Claimant buyers contending that sellers had renounced shipbuilding contracts – Arbitrators dismissing claim on basis that buyers affirmed contract – Buyers challenging award on basis that arbitrators failed to deal with issues that had been put to them – Arbitration Act 1996, section 68.
WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER V EMPORIKI BANK OF GREECE SA
[2014] 1 Lloyd's Rep. 266
Banking – Guarantee – Contract for construction and sale of ship – Buyer's bank providing payment guarantee to seller in respect of second instalment of purchase price – Whether guarantee or demand bond.
WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER V EMPORIKI BANK OF GREECE SA (NO 2)
[2014] 1 Lloyd's Rep. 273
Banking – Guarantee – Bank paying shipbuilder pursuant to on-demand guarantee in respect of second instalment of purchase price – Arbitrators finding that instalment was not in fact due – Whether payment held by shipbuilder on trust for bank.
DANY LIONS LTD v BRISTOL CARS LTD
[2014] 1 Lloyd's Rep. 281
Contract – Mistake – Frustration – Defendant agreeing to carry out substantial works to claimant's 1955 Bristol motor car including provision of automatic gearbox – Works not carried out – Defendant pleading that contract was void for common mistake alternatively was frustrated on basis that transmission could not in fact be converted to automatic whilst retaining the car's full functionality – Claimant applying for summary judgment – Relevant principles – Whether contract void for mistake or frustrated
DIAG HUMAN SE v CZECH REPUBLIC
[2014] 1 Lloyd's Rep. 288
Arbitration - New York Convention - Enforcement of award - Whether order for security for costs could be made against award creditor - Arbitration Act 1996, sections 66, 101 and 102 - CPR Part 25.12 - New York Convention 1958, article III.
FORD v MALAYSIAN AIRLINE SYSTEMS BERHAD
[2014] 1 Lloyd's Rep. 301
International carriage by air – Passenger given injection of diuretic during flight by medically qualified fellow passenger – Passenger suffering “bodily injury” in form of exacerbated discomfort as result of injection – Whether injury caused by “accident” – Montreal Convention 1999, article 17
THE LONDON STEAM SHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN AND ANOTHER (THE "PRESTIGE") (NO 2)
[2014] 1 Lloyd's Rep. 309
Arbitration - Award - Enforcement - P&I Club seeking to enforce negative declaratory arbitration awards against Spain and France in relation to claims brought in Spain and France following loss of oil tanker Prestige - Whether arbitration tribunal had substantive jurisdiction - Whether defendants entitled to rely on state immunity - Whether awards should be enforced - Arbitration Act 1996, sections 66, 67 and 72 - State Immunity Act 1978, section 9(1).
CARESSE NAVIGATION LTD v OFFICE NATIONAL DE L'ELECTRICITE AND OTHERS (THE “CHANNEL RANGER”)
[2014] 1 Lloyd's Rep. 337
Practice – Claim form – Service out of the jurisdiction – Whether bill of lading governed by English law – Whether bill of lading incorporating “Law and Arbitration Clause” of charterparty had effect to incorporate English law and court jurisdiction clause – Whether English court had jurisdiction.
VENETICO MARINE SA v INTERNATIONAL GENERAL INSURANCE CO LTD AND OTHERS (THE “IRENE EM”)
[2014] 1 Lloyd's Rep. 349
Insurance (marine) – Institute Hull Clauses (Time) 1995 – Grounding – Perils of the seas – Negligence of master or crew – Actual total loss – Constructive total loss – Marine Insurance Act 1906, sections 55, 57 and 60, and schedule, para 7.
BUNGE SA v NIBULON TRADING BV
[2014] 1 Lloyd's Rep. 393
Arbitration – GAFTA Rules 2006 – Time bar – Discretion of arbitrators to extend time – Construction of award – Appeal on point of law – Arbitration Act 1996, section 69.
BUNGE SA v NIDERA BV
[2014] 1 Lloyd's Rep. 404
Sale of goods (fob) – Contract for sale of milling wheat fob Novorossiysk – Russian government issuing export ban – Whether sellers entitled to cancel contract – Whether cancellation constituted wrongful repudiation of contract – GAFTA Prohibition Clause – Whether sellers entitled to nominal damages only – GAFTA Default Clause – GAFTA 49.
E D & F MAN SUGAR LTD v UNICARGO TRANSPORTGESELLSCHAFT MBH (THE “LADYTRAMP”)
[2014] 1 Lloyd's Rep. 412
Charterparty (Voyage) – Demurrage – Delay – Loading of cargo delayed following fire destroying conveyor-belt system at loading terminal – Whether delay caused by “mechanical breakdown” – Whether charterers entitled to rely on force majeure clause – Sugar Charter Party 1999 form, clause 28.
FEEST v SOUTH WEST STRATEGIC HEALTH AUTHORITY AND ANOTHER
[2014] 1 Lloyd's Rep. 419
Practice – Limitation of time – Personal injury – Claimant employee injured on rigid inflatable boat trip organised by employer – Claimant suing employer – Employer claiming contribution from operator of boat – Employer's contribution claim brought outside time limit laid down in Athens Convention – Whether claim for contribution time-barred – Athens Convention 1974, article 16 – Civil Liability (Contribution) Act 1978.
TAURUS PETROLEUM LTD v STATE OIL MARKETING COMPANY OF THE MINISTRY OF OIL, REPUBLIC OF IRAQ
[2014] 1 Lloyd's Rep. 432
State immunity – Execution of judgment – Whether debt due under letters of credit capable of being attached by Third Party Debt Order – Whether receivership order available – State Immunity Act, sections 13(2)(b), 14(2) and 14(4).
BCEN-EUROBANK NOW KNOWN AS VTB BANK (FRANCE) SA v VOSTOKRYBPROM CO LTD AND OTHERS (THE “PHOENIX”)
[2014] 1 Lloyd's Rep. 449
Admiralty practice – Mortgage of ship – Vessel registered in St Vincent and the Grenadines – Mortgage entered on register – Judicial sales of vessel in North Korea and in China – New owners seeking deregistration of vessel in St Vincent and the Grenadines – Mortgagee objecting to deregistration – Whether deregistration permissible whilst mortgage debt unpaid – Whether foreign judicial sales extinguished mortgagee's lien – Whether res judicata – Shipping Act 2004 – International Convention on Maritime Liens and Mortgages 1993.
DOOSAN BABCOCK LTD (FORMERLY DOOSAN BABCOCK ENERGY LTD) v COMERCIALIZADORA DE EQUIPOS Y MATERIALES MABE LIMITADA (PREVIOUSLY KNOWN AS MABE CHILE LIMITADA)
[2014] 1 Lloyd's Rep. 464
Practice – Injunction – Construction contract containing arbitration clause – Whether contractor entitled to interim injunction restraining employer from making demands under performance guarantees – Arbitration Act 1996, section 44(3).
GRIFFON SHIPPING LLC v FIRODI SHIPPING LTD (THE “GRIFFON”)
[2014] 1 Lloyd's Rep. 471
Sale of ship – Deposit – Sale agreement providing for payment of 10 per cent deposit by buyers – Buyers failing to pay deposit – Sellers terminating contract for accepted repudiation and/or pursuant to contractual cancellation clause – Whether sellers entitled to recover unpaid deposit or restricted to recovering compensation in lesser amount – Norwegian Saleform 1993, clause 13.
HABAS SINAI VE TIBBI GAZLAR ISTIHSAL ENDUSTRISI AS v VSC STEEL CO LTD
[2014] 1 Lloyd's Rep. 479
Arbitration – Jurisdiction – Dispute as to validity of arbitration clause – Law applicable to validity of arbitration clause – Whether permission should be given for appeal for error of law – Whether new jurisdictional arguments were raised on appeal – Arbitration Act 1996, sections 67, 69 and 73.
MANZI AND ANOTHER v CAPITANERIA DI PORTO DI GENOVA (THE “MSC ORCHESTRA”)
[2014] 1 Lloyd's Rep. 496
European Union law – Reference for a preliminary ruling – Whether Directive provisions limiting sulphur content of marine fuels to 1.5 per cent applicable to cruise ships – Whether 1.5 per cent limit invalid in light of general principles of international law and principle of cooperation in good faith – Whether 1.5 per cent limit applicable to ships flying flag of non-EU state party to MARPOL 73/78 – Directive 1999/32/EC, article 4a(4).
BRITISH AMERICAN TOBACCO SWITZERLAND SA AND OTHERS v EXEL EUROPE LTD AND OTHERS
[2014] 1 Lloyd's Rep. 503
Carriage of goods by road – CMR – Jurisdiction – Goods lost in transit on continent – Goods owners bringing proceedings in England against primary carrier and successive carriers in same action – Successive carriers not parties to primary contract of carriage and not having any business connection with England – Whether court had jurisdiction over successive carriers – CMR articles 31.1 and 36.
THE “CHEM ORCHID”
[2014] 1 Lloyd's Rep. 520
Admiralty jurisdiction – Whether person liable on claim in personam was demise charterer of arrested vessel at time of issue of writs in rem – Whether demise charter validly terminated prior to issue of writs – Whether redelivery of vessel necessary to terminate demise charter – Whether writs in rem should be set aside – High Court (Admiralty Jurisdiction) Act, section 4(4).
INTERPRODS LTD v DE LA RUE INTERNATIONAL LTD
[2014] 1 Lloyd's Rep. 540
Arbitration – Jurisdiction – Whether arbitration clause extended to allegations of criminality – Serious irregularity – Apparent bias – Arbitration Act 1996, sections 67 and 68.
TRAFIGURA BEHEER BV v NAVIGAZIONE MONTANARI SPA (THE 'VALLE DI CORDOBA')
[2014] 1 Lloyd's Rep. 550
Charterparty (Voyage)\-\Vessel carrying cargo of premium motor spirit from Abidjan to Lagos - Vessel seized by pirates off Benin - Pirates transferring cargo from vessel - Whether transferred cargo constituted "in-transit loss" - Whether owners strictly liable for lost cargo - BPVOY3 form.
BAT INDUSTRIES PLC v WINDWARD PROSPECTS LTD AND OTHERS
[2014] 1 Lloyd's Rep. 559
Conflicts of laws - Proper forum - Application to set aside permission to serve out - Whether England the most appropriate forum - Significance of ability to consolidate proceedings against two defendants.
BDMS LTD v RAFAEL ADVANCED DEFENCE SYSTEMS
[2014] 1 Lloyd's Rep. 576
Arbitration – Stay of proceedings – Rules of the International Chamber of Commerce – Refusal of defendant to pay its share of advancev costs without security – Arbitration reference revoked – Whether agreement rendered inoperative – Arbitration Act 1996, section 9(4).
KAIROS SHIPPING LTD AND ANOTHER v ENKA & CO LLC AND OTHERS (THE “ATLANTIK CONFIDENCE”)
[2014] 1 Lloyd's Rep. 586
Admiralty practice – Limitation of liability – Whether limitation fund can be constituted by provision of P&I Club guarantee – Convention on Limitation of Liability for Maritime Claims 1976, article 11.2 – Merchant Shipping Act 1995, section 185(1) – CPR 61.11.
Seagrain LLC v Glencore Grain BV
[2014] 1 Lloyd's Rep. 598
Sale of goods (c&f) – Contract for sale of feed wheat of Ukrainian or Russian origin c&f Haifa or Ashdod – Russian wheat subject to export ban – Ukrainian authorities imposing customs controls – Whether sellers discharged from liability to perform contract – Meaning of “executive act restricting export” – GAFTA Prohibition Clause.
THE OWNERS AND/OR BAILEES OF THE CARGO OF THE SHIP “PANAMAX STAR” v THE OWNERS OF THE SHIP “AUK”
[2014] 1 Lloyd's Rep. 606
Practice – Application to strike out – Want of prosecution – Collision action – Whether breach of Civil Procedure Rules – Whether delay inordinate and inexcusable – Whether delay likely to cause serious prejudice to defendant – Whether application to strike out for want of prosecution should be granted – CPR 3.4, CPR Part 61 and PD 61, CPR PD 58, para 10.2 – Admiralty and Commercial Courts Guide, section N8.1(ii).
COTTONEX ANSTALT v PATRIOT SPINNING MILLS LTD
[2014] 1 Lloyd's Rep. 615
Arbitration – Appeal on point of law – Scope of question of law to be appealed – Whether award could be justified on other grounds – Arbitration Act 1996, section 69 – Civil Procedure Rules, Practice Direction 62, para 12.
IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION
[2014] 1 Lloyd's Rep. 625
Arbitration – Enforcement of award – Award subject to challenge in curial courts – Change of circumstances – Arbitration Act 1996, section 103(5).
OMV SUPPLY AND TRADING AG v KAZMUNAYGAZ TRADING AG (FORMERLY VECTOR ENERGY AG)
[2014] 1 Lloyd's Rep. 647
Sale of goods (cif) – Sale of biodiesel cif Constanza – Contract requiring diesel to be of Canadian origin – Diesel subsequently ascertained to be of US origin – Romanian customs levying additional import duties on buyer more than two years after goods discharged in Romania – Whether buyer entitled to recover additional duties from seller – Whether sum payable by seller limited to invoice value of diesel.
S E T SELECT ENERGY GMBH v F & M BUNKERING LTD
[2014] 1 Lloyd's Rep. 652
Practice – Conflict of laws – Contracts for supply of bunkers containing exclusive English jurisdiction clause – Buyer providing seller with demand bank guarantee issued by Cypriot bank – Seller making demand on bank guarantee – Buyer bringing proceedings in Cyprus to restrain payment under guarantee – Seller subsequently bringing proceedings in England for cost of goods sold and delivered – Buyer making late challenge to jurisdiction – Whether seller entitled to judgment in default of defence – Whether time for challenging jurisdiction should be extended – Whether English proceedings should be stayed – Council Regulation (EC) No 44/2001, articles 27 and 28 – CPR 11(4), 11(5), 11(9), 3.1 and 3.9.
YEMGAS FZCO AND OTHERS v SUPERIOR PESCADORES SA PANAMA (THE “SUPERIOR PESCADORES”)
[2014] 1 Lloyd's Rep. 660
Carriage of goods by sea – Limitation of liability – Package limitation – Damage to cargo – Clause paramount referring to “Hague Rules . . . 1924 as enacted in the country of shipment” – Hague-Visby Rules compulsorily applicable – Whether Hague or Hague-Visby Rules package limitation applied – Date of conversion of gold value into national currency under Hague Rules – Hague-Visby Rules, article IV, rule 5(g).