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CASTLETON COMMODITIES SHIPPING CO PTE LTD v SILVER ROCK INVESTMENTS (THE “CLIPPER MONARCH”)
[2016] 1 Lloyd's Rep. 1
Practice – Charterers failing to pay freight, deadfreight, demurrage and other charges to disponent owners – Disponent owners obtaining court order for sale of cargo subject to proceeds of sale being held by solicitors – Disponent owners applying for proceeds of sale to be paid out to them – Whether disponent owners entitled to monies – CPR Part 25.1(1)(c).
IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION
[2016] 1 Lloyd's Rep. 5
Arbitration – Enforcement of award – Security to be provided by respondent where enforcement award subject to challenge in curial courts – Change of circumstances – Public policy – Arbitration Act 1996, sections 103(3) and 103(5).
IPCO (NIGERIA) LTD v NIGERIAN NATIONAL PETROLEUM CORPORATION
[2016] 1 Lloyd's Rep. 36
Arbitration – Enforcement of award – Provision of security where enforcement of award was adjourned – Arbitration Act 1996, section 103(5) – Civil Procedure Rules, rule 3.1 and 3.3.
TAURUS PETROLEUM LTD v STATE OIL MARKETING COMPANY OF THE MINISTRY OF OIL, REPUBLIC OF IRAQ
[2016] 1 Lloyd's Rep. 42
Conflict of laws – Third party debt order – Situs of debt due under letter of credit – Whether court had jurisdiction to make order – Whether court entitled to make receivership order in respect of debt – Whether debt created by letter of credit became property of Iraqi state bank – Whether debt immune from execution – State Immunity Act 1978, section 14(4).
CAVENDISH SQUARE HOLDING BV v EL MAKDESSI; PARKINGEYE LTD v BEAVIS
[2016] 1 Lloyd's Rep. 55
Rule against penalties - Whether rule should remain a part of English law - Whether it applied to forfeiture clauses and to clauses requiring transfer of property rather than payment of money - Whether parking charges were penalties or unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083).
STOLT KESTREL BV v SENER PETROL DENIZCILIK TICARET AS (THE “STOLT KESTREL” AND THE “NIYAZI S”); CDE SA v SURE WIND MARINE LTD (THE “SB SEAGUARD” AND THE “ODYSSÉE”)
[2016] 1 Lloyd's Rep. 125
Admiralty practice – Claim form – Claimant bringing timeous action in rem following collision between claimant's vessel and defendant's vessel – Whether extension of time required for bringing separate in personam proceedings – Whether in personam claim form time-barred – Nature of discretion to extend time for bringing proceedings in personam – Whether court had power to order alternative service of in rem claim form out of jurisdiction – Merchant Shipping Act 1995, sections 190(3), 190(5) and 190(6) – CPR 7.6(3), CPR PD 61, para 3.67. – Admiralty practice – Claim form – Collision between claimant's vessel and defendant's vessel – Negotiations between parties – Claim subject to two-year limitation period – Whether claimant's application for extension of time should be granted – Merchant Shipping Act 1995, sections 190(3) and 190(5) – CPR 7.6(3).
THE “STX MUMBAI” AND ANOTHER MATTER
[2016] 1 Lloyd's Rep. 157
Contract – Anticipatory breach – Bunkers supplied to vessel – Bunker supplier concerned about insolvency of shipowning group and demanding payment before contractual due date – Payment not made – Bunker supplier arresting vessel for anticipatory breach – Whether doctrine of anticipatory breach applicable to executed contracts – Whether insolvency capable of amounting to repudiatory breach.
BRAND STUDIO LTD v ST JOHN KNITS INC
[2016] 1 Lloyd's Rep. 179
Agency – Agreement that agent was to be indemnified rather than compensated following termination of agency – Whether agreement validly ousted right of agent to choose – Severance – Commercial Agents (Council Directive) Regulations 1993, Regulations 17 and 19.
FREIGHT CONNECT (S) PTE LTD v PARAGON SHIPPING PTE LTD
[2016] 1 Lloyd's Rep. 184
Charterparty (Voyage) – Berth or port charter – Whether notice of readiness validly tendered – Whether owners entitled to detention charges – Whether owners entitled to indemnity in respect of claims brought by third party.
LOUIS DREYFUS COMMODITIES SUISSE SA v MT MARITIME MANAGEMENT BV(THE “MTM HONG KONG”)
[2016] 1 Lloyd's Rep. 197
Charterparty (Time) – Damages – Time charter wrongfully terminated by charterers – Owners concluding substitute fixture – Whether damages limited by reference to period when contract voyage would have ended.
NOLAN AND OTHERS v TUI UK LTD
[2016] 1 Lloyd's Rep. 211
Carriage of passengers by sea – Passengers suffering gastroenteritis on cruise ship during voyage from Ibiza to Newcastle – Claimants claiming damages against contractual carrier for personal injuries and damage and disappointment – Whether defendant liable – Athens Convention 1974, articles 3.1 and 3.3.
PST ENERGY 7 SHIPPING LLC AND ANOTHER v O W BUNKER MALTA LTD AND ANOTHER(THE “RES COGITANS”)
[2016] 1 Lloyd's Rep. 228
Contract – Supply of bunkers – Retention of title clause – Whether bunker supply contract was a contract of sale – Sale of Goods Act 1979, sections 2(1) and 49(1).
EXMEK PHARMACEUTICALS SAC v ALKEM LABORATORIES LTD
[2016] 1 Lloyd's Rep. 239
Arbitration – Jurisdiction – Whether parties had agreed to go to arbitration – Effect of arbitration and jurisdiction clauses – Effect of choice of UK law – Submission to courts of Peru – Validity of appointment of arbitrator – Arbitration Act 1996, sections 17, 58 and 67 – Civil Jurisdiction and Judgments Act 1982, sections 32 and 33.
REITER PETROLEUM INC v THE SHIP “SAM HAWK”
[2016] 1 Lloyd's Rep. 253
Admiralty jurisdiction – Action in rem – Time-charterers failing to pay for bunkers supplied to vessel – Bunker suppliers arresting vessel in Australia on basis of maritime lien under United States or Canadian law – Whether foreign maritime lien recognised under Australian law – Whether court had in rem jurisdiction – Whether shipowners entitled to summary judgment – Admiralty Act 1988 (Cth), sections 15 and 17.
THE “VINALINES PIONEER”
[2016] 1 Lloyd's Rep. 278
Admiralty jurisdiction – Meaning of “damage done by a ship” – Plaintiff claiming for loss of containers onboard capsized vessel – Whether court had in rem jurisdiction – High Court (Admiralty Jurisdiction) Act, section 3(1)(d).
EGIAZARYAN AND ANOTHER v OJSC OEK FINANCE AND ANOTHER
[2016] 1 Lloyd's Rep. 295
Arbitration – Jurisdiction – Scope of arbitration clause – Whether third party could be joined to the arbitration – Law applicable to joinder question – Remission of award to arbitrators – Arbitration Act 1996, section 67.
HUGHES v PENDRAGON SABRE LTD
[2016] 1 Lloyd's Rep. 311
Sale of goods – Whether agreement to agree or agreement for sale – Substitute goods not available – Measure of damages – Sale of Goods Act 1979, sections 5, 8, 29, 51.
SANG STONE HAMOON JONOUB CO LTD v BAOYUE SHIPPING CO LTD (THE “BAO YUE”)
[2016] 1 Lloyd's Rep. 320
Tort – Conversion – Carrier discharging cargo into warehouse – Storage charges accruing due – Whether discharge into storage in circumstances giving rise to lien constituted tort of conversion – Whether statements alleged to have been made on behalf of carrier denying access to cargo amounted to conversion.
SINDICATO UNICO DE PESCADORES DEL MUNICIPIO MIRANDA DEL ESTADO ZULIA v INTERNATIONAL OIL POLLUTION COMPENSATION FUND
[2016] 1 Lloyd's Rep. 332
International law – Registration and enforcement of foreign judgment – Judgment creditor obtaining judgment in Venezuela against “The International Fund for Compensation for Oil Pollution Damage” – Judgment registered in England as a judgment of the High Court – Whether judgment related to The International Oil Pollution Compensation Fund 1992 – Immunity – Whether registration order should be set aside.
ANZEN LTD AND OTHERS v HERMES ONE LTD (BRITISH VIRGIN ISLANDS)
[2016] 1 Lloyd's Rep. 349
Arbitration – Stay of proceedings – Agreement providing that a party “may” submit a dispute to arbitration – Whether arbitration mandatory – Whether stay could be granted without arbitration proceedings having been commenced – Arbitration Ordinance 1976 (BVI).
ECOBANK TRANSNATIONAL INC v TANOH
[2016] 1 Lloyd's Rep. 360
Arbitration – Anti-enforcement injunction – Judgments given against applicant in overseas courts – Applicant asserting validity of arbitration clause – Whether court could grant relief to prevent enforcement of foreign judgments – Senior Courts Act 1981, section 37 – Civil Jurisdiction and Judgments Act 1982, sections 32 and 33.
FULTON SHIPPING INC OF PANAMA v GLOBALIA BUSINESS TRAVEL SAU (FORMERLY TRAVELPLAN SAU) OF SPAIN (THE “NEW FLAMENCO”)
[2016] 1 Lloyd's Rep. 383
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 contractual date for redelivery – Whether owners bound to give credit for difference in capital values.
LD COMMODITIES RICE MERCHANDISING LLC AND ANOTHER v THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSEL “STYLIANI Z”
[2016] 1 Lloyd's Rep. 395
Admiralty practice – Cargo claim – Claimants’ solicitor intending to issue in rem claim form but mistakenly using form for in personam claim – Claimants failing to serve claim form within four-month period – Claimants amending claim form to read as if it were an in rem claim – Whether claim time-barred – Whether claimants entitled to order remedying “error of procedure” – CPR 3.10.
AIR BALTIC CORPORATION AS v LIETUVOS RESPUBLIKOS SPECIALIŲJŲ TYRIMŲ TARNYBA
[2016] 1 Lloyd's Rep. 407
Aviation – Compensation of passengers for delay – 1969 Vienna Convention on the Law of Treaties – Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), articles 1, 19, 22 and 29.
CRESCENDO MARITIME CO AND ANOTHER v BANK OF COMMUNICATIONS CO LTD AND OTHERS ALPHA BANK AE v BANK OF COMMUNICATIONS CO LTD AND ANOTHER
[2016] 1 Lloyd's Rep. 414
Practice – Anti-suit injunction – Shipbuilding contract – Buyer bringing London arbitration against Chinese bank to enforce refund guarantees – Arbitrators finding in favour of buyer – Chinese bank bringing proceedings against buyer and others in China in breach of London arbitration clause – Whether anti-suit injunction should be granted.
ESSAR SHIPPING LTD v BANK OF CHINA LTD(THE “KISHORE”)
[2016] 1 Lloyd's Rep. 427
Practice – Anti-suit injunction – Carrier applying for anti-suit injunction restraining continuance of Chinese proceedings brought by defendant in breach of London arbitration clause in bill of lading – Whether delay prevents grant of injunction – Relevance of prejudice to defendant caused by operation of time bar – Whether carrier entitled to injunction.
PEARL PETROLEUM CO LTD AND OTHERS v THE KURDISTAN REGIONAL GOVERNMENT OF IRAQ
[2016] 1 Lloyd's Rep. 441
Arbitration – Peremptory order – Order to pay sums due under contract – Whether order should be enforced – Sovereign immunity – Whether defendant a separate entity – Arbitration Act 1996, sections 39, 40, 41 and 42 – State Immunity Act 1978, sections 9, 13 and 14.
BRITISH AMERICAN TOBACCO SWITZERLAND SA AND OTHERS v EXEL EUROPE LTD AND ANOTHER; BRITISH AMERICAN TOBACCO DENMARK A/S AND OTHERS v EXEL EUROPE LTD AND ANOTHER
[2016] 1 Lloyd's Rep. 463
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, 34 and 36.
GOLD RESERVE INC v BOLIVARIAN REPUBLIC OF VENEZUELA
[2016] 1 Lloyd's Rep. 483
Arbitration – Bilateral Investment Treaty – International Centre for the Settlement of Investment Disputes – Enforcement of award – State immunity – Meaning of “investor” – Arbitration claim form – Service of form and of order – Enforcement order and interest – State Immunity Act 1978, sections 1, 9 and 12 – Judgments Act 1838, section 17 – CPR 62.18.
THE “MELISSA K” AND THE “TOMSK”
[2016] 1 Lloyd's Rep. 503
Admiralty practice – Collision action – Defendants offering to settle on basis of 50/50 liability and imposing deadline for issue and service of proceedings – Claimants issuing but not serving proceedings within deadline – Claimants accepting defendants’ offer to settle subsequent to expiry of deadline – Whether compromise agreement concluded – Whether claimants entitled to extension of time for service of proceedings – Whether claimants entitled to relief for “error of procedure” – Merchant Shipping Act 1995, sections 190(5) and 190(6) – CPR 3.10 and CPR 7.6.
BIBBY FACTORS NORTHWEST LTD v HFD LTD AND ANOTHER
[2016] 1 Lloyd's Rep. 517
Contract – Equitable set-off – Supplier assigning customers’ present and future debts to factor – Factor bringing proceedings as supplier's assignee against customers for sums due – Customers seeking to set off cross-claims against supplier – Whether cross-claims sufficiently closely connected with claimant's demand – Whether inequitable for customers to rely on set-off – Whether customers estopped from relying on set-off.
GLENCORE INTERNATIONAL AG v PT TERA LOGISTIC INDONESIA AND ANOTHER
[2016] 1 Lloyd's Rep. 527
Arbitration – Jurisdiction – Commencement of arbitration – Claimant giving notice of arbitration of “claims” and appointing arbitrator – Respondent appointing arbitrator “in relation to all disputes arising under the contract” – Respondent's defence and counterclaim submissions served after expiry of contractual limitation period – Whether counterclaim time-barred – Arbitration Act 1996, section 14(4).
MARCHON GERMANY GMBH v KARASZKIEWICZ
[2016] 1 Lloyd's Rep. 531
Agency – Termination of agency relationship – Measure of indemnity – Commercial Agents Directive, Council Directive 86/653/EEC, article 17(2)(a).
THE “CHEM ORCHID”
[2016] 1 Lloyd's Rep. 537
Practice – Appeal to Court of Appeal – Shipowner seeking to appeal decision of judge refusing to strike out admiralty actions in rem – Whether judge's decision interlocutory or final – Whether Court of Appeal had jurisdiction to entertain appeal – Supreme Court of Judicature Act, section 34(1)(a) and Fourth Schedule, para (e).
W LTD v M SDN BHD
[2016] 1 Lloyd's Rep. 552
Arbitration – Application to set aside awards – Alleged apparent bias of arbitrator – Arbitration Act 1996, section 68(2) – International Bar Association Guidelines on Conflicts of Interest in International Arbitration 2014.
YEMGAS FZCO AND OTHERS v SUPERIOR PESCADORES SA (THE “SUPERIOR PESCADORES”)
[2016] 1 Lloyd's Rep. 561
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 – Hague-Visby Rules, article IV, rule 5.
GLORY WEALTH SHIPPING PTE LTD v FLAME SA
[2016] 1 Lloyd's Rep. 571
Charterparty – Contract of affreightment – Damages – Charterers failing to ship cargoes – Owners asserting loss of freight – Freight would have been paid to a third party and not received by owners if COA had been performed – Whether owners suffered a substantial loss.
MICHAEL WILSON & PARTNERS LTD v EMMOTT
[2016] 1 Lloyd's Rep. 577
Practice – Judge dismissing appeal from arbitration award and refusing appellant permission to appeal to Court of Appeal – Appellant applying to Court of Appeal to set aside judge's refusal on basis of “residual jurisdiction” of Court of Appeal – Whether application was an “appeal” – Whether Court of Appeal had jurisdiction to refuse application as totally without merit – Arbitration Act 1996, section 69(8) – CPR 52.16(6), 52.3.
NEWOCEAN PETROLEUM CO LTD v O W BUNKER CHINA LTD (IN PROVISIONAL LIQUIDATION) AND ANOTHER (THE “COSCO FELIXSTOWE”)
[2016] 1 Lloyd's Rep. 581
Practice – Service of writ out of jurisdiction – Supply of bunkers to vessel – Retention of title clause – Whether plaintiff had good arguable case that second defendant committed tort of conversion within jurisdiction or that contract was made through agent residing within jurisdiction – Rules of the High Court, Order 11, rules 1(1)(d) and 1(1)(f).
PST ENERGY 7 SHIPPING LLC AND ANOTHER v O W BUNKER MALTA LTD AND ANOTHER (THE “RES COGITANS”)
[2016] 1 Lloyd's Rep. 589
Contract – Supply of bunkers – Retention of title clause – Whether bunker supply contract was a contract of sale – Sale of Goods Act 1979, sections 2(1) and 49.
S v A AND ANOTHER
[2016] 1 Lloyd's Rep. 604
Arbitration – Sale of goods – Serious irregularity – Application for permission to appeal – Whether time for appeal and application should be extended – Arbitration Act 1996, sections 68(2)(a) and (c), 69, 70(3) and 80(5).
MORAN YACHT & SHIP INC v PISAREV AND ANOTHER (THE “4YOU”)
[2016] 1 Lloyd's Rep. 625
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”)
[2016] 1 Lloyd's Rep. 629
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 within meaning of proviso to off-hire clause.
SHIPOWNERS’ MUTUAL PROTECTION AND INDEMNITY ASSOCIATION (LUXEMBOURG) v CONTAINERSHIPS DENIZCILIK NAKLIYAT VE TICARET AS (THE “YUSUF CEPNIOGLU”)
[2016] 1 Lloyd's Rep. 641
Practice – Service out of jurisdiction – Anti-suit injunction – Charterers bringing direct action claim against owners’ P&I Club in Turkey following grounding of vessel – Club cover providing for London arbitration – Whether court had jurisdiction to grant anti-suit injunction – Whether Turkish proceedings vexatious and oppressive – Whether injunction should be continued – Civil Procedure Rules, Practice Direction 6B, para 3.1(6)(c).
THE “NORDLAKE” AND THE “SEAEAGLE”
[2016] 1 Lloyd's Rep. 656
Collision action – Claimants’ vessel colliding with Indian warship in entrance to port of Mumbai – Claimants bringing proceedings in England contending that collision caused by negligence of defendants’ vessel and three Indian warships – Defendants contending that collision caused by negligence of claimants’ vessel and same three Indian warships – Union of India not party to English proceedings – Whether court could apportion liability between all vessels at fault – Apportionment of liability – Merchant Shipping Act 1995, section 187.