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KAINES (UK) LTD. v. OSTERREICHISCHE WARRENHANDELSGESELLSCHAFT AUSTROWAREN GESELLSCHAFT m.b.H. (formerly CGL HANDELSGESELLSCHAFT m.b.H.)

[1993] 2 Lloyd's Rep. 1

Contract - Measure of damages - Contract for sale of Brent crude oil for September lifting - Buyers accepted sellers’ anticipatory repudiation of contract - Price of Brent crude fluctuated - Buyers bought in at higher price - Measure of damages recoverable by buyers.

THE “MARGARETA”

[1993] 2 Lloyd's Rep. 13

Collision - Scuttling alleged - Collision between German vessel and fishing vessel - Substantial damage caused to fishing vessel - Fishing vessel sank after collision - Whether vessel scuttled - Whether loss attributable to any negligent act or omission occurring after collision.

MENDALA III TRANSPORT v. TOTAL TRANSPORT CORPORATION TOTAL INTERNATIONAL LTD. AND ADDAX LTD. (THE “WILOMI TANANA”)

[1993] 2 Lloyd's Rep. 41

Charter-party (Voyage) - Bills of lading - Cargo loaded between Jan. 18 and 20 - Bills of lading dated Jan. 19 - Whether shipowners entitled to amend date or reissue bills with correct date.

UNION OF INDIA v. McDONNELL DOUGLAS CORPORATION

[1993] 2 Lloyd's Rep. 48

Arbitration - Proper law - Dispute between plaintiffs and defendants - Arbitration clause provided that seat of arbitration proceedings to be in London and arbitration procedure to be conducted in accordance with Indian Arbitration Act 1940 - Whether law governing arbitration proceedings English or Indian law.

NIOBE MARITIME CORPORATION v. TRADAX OCEAN TRANSPORTATION S.A. THE “NIOBE”

[1993] 2 Lloyd's Rep. 52

Sale of ship - Norwegian saleform - Construction of cl. 11 - Sellers sold vessel to buyers - Dispute as to condition of vessel on delivery - Whether sellers under obligation to notify classification society prior to delivery of matters affecting class which came to their knowledge as from contract date, last survey date or some other date.

TARAMAR SHIPPING CORPORATION v. YOUNG NAVIGATION CORPORATION (THE “WORLD HORIZON”)

[1993] 2 Lloyd's Rep. 56

I.P. METAL LTD. v. RUOTE O.Z. S.p.A.

[1993] 2 Lloyd's Rep. 60

Contract - Jurisdiction clause - Stay of proceedings - Sale of goods - Telex confirming sales contained clause “law - English competent forum London” - Whether parties agreed to English jurisdiction - Whether English Court had exclusive jurisdiction - Whether action should be stayed - Civil Jurisdiction and Judgments Act 1982, arts. 17, 21, 22.

NATIONAL JUSTICE COMPANIA NAVIERA S.A. v. PRUDENTIAL ASSURANCE CO. LTD. (“THE IKARIAN REEFER”)

[1993] 2 Lloyd's Rep. 68

Insurance (Marine) - Constructive loss of vessel - Fire broke out on vessel - Shipowner claimed under policy - Underwriters alleged vessel deliberately set on fire with shipowners’ connivance - Whether allegation proved to relevant standard - Responsibilities of expert witnesses - Whether underwriter liable

EAGLE STAR INSURANCE CO. LTD. v. PROVINCIAL INSURANCE PLC.

[1993] 2 Lloyd's Rep. 143

Insurance (Motor) - Contribution - Personal injuries - Person injured in accident obtained full amount of claim from driver’s insurers and car-owner’s insurers - Insurers under statutory duty to meet injured person’s claim - Driver’s insurer’s cancelled policy before accident - Right to contribution between insurers.

L’OFFICE CHERIFIEN DES PHOSPHATES AND UNITRAMP S.A. v. YAMASHITA-SHINNIHON STEAMSHIP CO. LTD. (THE “BOUCRAA”)

[1993] 2 Lloyd's Rep. 149

Arbitration - Delay in prosecution - Dispute under charter referred to arbitration - Power conferred by s. 13A of Arbitration Act 1950 to dismiss claim on ground of claimant’s inordinate or inexcusable delay in pursuing arbitration - Arbitrator exercised power dismissing claim - Delay occurred before s. 13A in force - Whether s. 13A had retrospective effect.

EVERGLADE MARITIME INC. v. SCHIFFAHRTSGESELLSCHAFT DETLEF VON APPEN m.b.H (THE “MARIA”)

[1993] 2 Lloyd's Rep. 168

Arbitration - Award - Costs - Sealed offer - Arbitrators found in favour of owners - Arbitrators made order as to costs - Effect of sealed offer on order as to costs - Whether arbitrators had properly exercised their discretion as to costs.

FLYING COLOURS FILM CO. LTD. v. ASSICURAZIONI GENERALI S.p.A AND OTHERS

[1993] 2 Lloyd's Rep. 184

Insurance (Film Producers Indemnity) - Exclusion clause - Insurance indemnified plaintiffs against loss sustained by postponement of film production - Whether loss of directors’ and producers’ fees excluded by policy - Whether claim in respect of mark-up recoverable - Whether insurance varied to include such claim.

FIRST ENERGY (UK) LTD v. HUNGARIAN INTERNATIONAL BANK LTD.

[1993] 2 Lloyd's Rep. 194

Banking - Contract - Negotiations for credit facilities to finance plaintiffs’ projects - Whether contract concluded before plaintiffs and bank - Whether bank’s employee had ostensible authority to sanction transaction.

SOLEH BONEH INTERNATIONAL LTD. AND ANOTHER v. GOVERNMENT OF THE REPUBLIC OF UGANDA AND NATIONAL HOUSING CORPORATION

[1993] 2 Lloyd's Rep. 208

Arbitration - Foreign award - Enforcement - Swedish arbitration award made in favour of contractors - Application by contractors to enforce award in England - Judge adjourned application for three months but ordered employers to give security for full amount of award plus interest - Whether appeal against order should be allowed.

THE “AL TABITH” AND “ALANFUSHI”

[1993] 2 Lloyd's Rep. 214

Admiralty practice - Writ - Application for extension of time - Collision between plaintiffs’ vessel and defendants’ vessel - Negotiations between P. and I. Clubs - Plaintiffs obtained extension of six months - Writ issued out of time - Whether application for further extension of time should be granted.

THE “AL BATTANI”

[1993] 2 Lloyd's Rep. 219

Carriage by sea - Jurisdiction - Stay of action - Plaintiffs alleged breach of oral agreement that vessel would proceed direct to Hamburg - Defendants denied oral agreement - Whether parties agreed disputes should be decided in a Court in Egypt - Whether Egyptian Court more appropriate forum - Whether action should be stayed.

SUNCORP INSURANCE AND FINANCE v. MILANO ASSICURAZIONI SPA

[1993] 2 Lloyd's Rep. 225

Reinsurance - Principal and agent - Underwriting agent underwrote reinsurance on behalf of members of pool - Whether defendants party to contract with plaintiffs - Whether underwriting agent expressly authorized to bind defendants for the proportions - Whether underwriting agent had authority to use defendants as a front for other members of pool - Whether defendants ratified acts of underwriting agents.

HASSNEH INSURANCE CO. OF ISRAEL AND OTHERS v. STEUART J. MEW

[1993] 2 Lloyd's Rep. 243

Practice - Disclosure - Arbitration - Reassured unsuccessful in arbitration - Reassured claimed against brokers - Whether reassured could disclose to brokers interim award, reasons and other documents such as pleadings, witness statements or transcripts engendered in course of arbitration - Whether injunction restraining such disclosure should be granted.

THE “VARNA”

[1993] 2 Lloyd's Rep. 253

Admiralty practice - Arrest of vessel - Carriage by sea - Plaintiffs claimed damages for breach of contract or conversion - Plaintiffs arrested sister ship - Affidavit failed to disclose existing proceedings in Bulgaria - Whether warrant of arrest should be set aside - R.S.C., O. 75, r. 5.

THE “BOTANY TRIAD” AND “LU SHAN”

[1993] 2 Lloyd's Rep. 259

Admiralty practice - Interest - Collision between plaintiffs’ and defendants’ vessels - Claims agreed - Plaintiffs’ claim agreed in Australian dollars and defendants’ claim in U.S. dollars - Date for striking balance between the claims - Whether interest should be added before balance struck.

FORSYTHE INTERNATIONAL (UK) LTD. v. SILVER SHIPPING CO. LTD. AND PETROGLOBE INTERNATIONAL LTD. (THE “SAETTA”)

[1993] 2 Lloyd's Rep. 268

Charter-party (Time) - Bunkers - Conversion - Charterers to provide and pay for all fuel - Plaintiffs supplied bunkers - Title in bunkers to be retained by plaintiffs until payment - Owners withdrew vessel for non-payment of hire - Bunkers not paid for - Whether withdrawal transferred ownership of bunkers to owners - Whether owners liable in conversion - Sale of Goods Act, 1979, s. 25 - Factors Act, 1889, s. 1(2).

THE “STOLT LOYALTY”

[1993] 2 Lloyd's Rep. 281

Charter-party (Demise) -Limitation of time - Estoppel - Cargo-owners alleged damage to cargo by contamination - Exchange of telexes between cargo-owners and vessel’s P. and I. Club - Whether demise charterers granted extension of time - Whether demise charterers estopped from relying on one year time limit.

OCEANGAS (GIBRALTAR) LTD. v. PORT OF LONDON AUTHORITY (THE “CAVENDISH”)

[1993] 2 Lloyd's Rep. 292

Pilotage - Collision - Plaintiffs’ vessel struck buoy in approaches to Thames causing damage to vessel - Vessel in the charge of a compulsory pilot employed by port authority - Whether authority vicariously liable for pilot’s negligence - Whether authority liable to plaintiffs for breach of contract - Whether plaintiffs’ claim precluded by s. 16 of the Pilotage Act, 1987.

VITOL S.A. v. NORELF LTD. (THE “SANTA CLARA”)

[1993] 2 Lloyd's Rep. 301

Sale of goods (c.i.f.) - Anticipatory breach - Acceptance - Buyers rejected cargo before loading completed - Neither party took any steps to perform contract - Whether sellers’ conduct amounted to acceptance of anticipatory breach.

LONDON TOBACCO CO. (OVERSEAS) LTD. AND OTHERS v. DFDS TRANSPORT LTD. AND OTHERS AND SUN ALLIANCE AND LONDON INSURANCE PLC. (THIRD PARTY)

[1993] 2 Lloyd's Rep. 306

Insurance (Carriers’ Transit) - Carriage by road - Theft of consignment - Carrier sub-contracted carriage - Sub-contractor involved in theft - Carriers claimed under policy - Whether such theft covered by policy.

NOBLE RESOURCES LTD. AND UNIRISE DEVELOPMENT LTD. v. GEORGE ALBERT GREENWOOD (THE “VASSO”)

[1993] 2 Lloyd's Rep. 309

Insurance (Marine) - Duty of assured clause - Construction - Vessel and cargo totally lost - Cargo-owners failed to obtain Mareva injunction against shipowners - Whether cargo-owners in breach of clause - Whether underwriters entitled to deny liability.

SAIPEM S.p.A. AND CONOCO (UK) LTD. v. DREDGING VO2 BV AND GEOSITE SURVEYS LTD. (THE “VOLVOX HOLLANDIA”) (No. 2)

[1993] 2 Lloyd's Rep. 315

Negligence - Damages contribution - Duty of care - Dredging operations damaged pipeline - Navigation system failed to show position of pipeline - Whether plaintiffs entitled to contribution from second defendants - Civil Liability (Contribution) Act 1978, s. 2.

PARTENREEDEREI M/S “HEIDBERG” AND ANOTHER v. GROSVENOR GRAIN AND FEED CO. LTD. AND OTHERS (THE “HEIDBERG”)

[1993] 2 Lloyd's Rep. 324

Practice - Discovery of documents - Application to set aside - Defendants alleged that French law prohibited them from complying with order for discovery - Whether order should be set aside or discharged.

TORVALD KLAVENESS A/S v. ARNI MARITIME CORPORATION (THE “GREGOS”)

[1993] 2 Lloyd's Rep. 335

Charter-party (Time) - Redelivery - Illegitimate last voyage - Repudiatory breach - Vessel ordered on last voyage - Vessel redelivered late - Whether legitimacy of voyage established at date order given - Whether charterers in repudiatory breach.

EXMAR N.V. v. BP SHIPPING LTD. (THE “GAS ENTERPRISE”)

[1993] 2 Lloyd's Rep. 352

Charter-party (Time) - Speed and consumption warranty - Construction - Whether warranty applied throughout vessel’s service under charter - Whether warranty only applied when wind and wave were force 4 or less on the Beaufort scale.

GURTNER AND OTHERS v. BEATON AND OTHERS

[1993] 2 Lloyd's Rep. 369

Carriage by air - Limitation of liability - Principal and agent - Flight from Gatwick to Dundee - Aircraft crashed into hillside - Whether second defendants liable as principals for contract of carriage made through first defendant - Whether pilot and second defendants could rely on Amended Warsaw Convention to limit liability - Whether air traffic controller negligent - Warsaw Convention art. 25A(3). Principal and agent - Carriage by air - Flight from Gatwick to Dundee - Aircraft crashed into hillside - Whether second defendants liable as principals for contract of carriage made through first defendants - Whether first defendant had implied actual authority or apparent authority to enter into contract.

TRIAD SHIPPING CO. v. STELLAR CHARTERING & BROKERAGE INC. (THE “ISLAND ARCHON”)

[1993] 2 Lloyd's Rep. 388

Arbitration - Jurisdiction - Cargo claims - Whether reference to arbitration in respect of “cargo claims” wide enough to cover claims owners wished to advance - Whether claims included claims in respect of which arbitrator refused leave to amend - Whether claims abandoned - Whether owners entitled to an indemnity from charterers.

INTERNATIONAL PETROLEUM REFINING & SUPPLY SDAD LTD. v. ELPIS FINANCE S.A. (THE “FAITH”)

[1993] 2 Lloyd's Rep. 408

Arbitration - Award - Limitation of time - Charter-party dispute - Delay in taking up award - Charterers alleged technical misconduct by arbitrators - Whether application for extension of time for leave to appeal should be granted.

ANTWERP UNITED DIAMONDS BVBA AND THE EXCESS INSURANCE CO. LTD. v. AIR EUROPE

[1993] 2 Lloyd's Rep. 413

Carriage by air - Limitation of liability - Loss of consignment of diamonds - Consignee made special declaration of interest in delivery at destination - Declared sum a fraction of actual value of diamonds - Plaintiffs alleged loss caused by act or omission of carrier - Whether plaintiffs entitled to recover actual loss - Warsaw Convention arts. 22, 25.

E.E. CALEDONIA LTD. (formerly OCCIDENTAL PETROLEUM (CALEDONIA) LTD.) v. ORBIT VALVE CO. EUROPE

[1993] 2 Lloyd's Rep. 418

Contract - Construction - Indemnity clause - Contract to overhaul gas valves on Piper Alpha platform - Disastrous fire on platform - Service engineer died - Whether plaintiffs’ right to indemnity included consequences of plaintiffs’ negligence - Whether indemnity covered breach of statutory duty - Whether engineer’s death caused by performance of contract.

LONSDALE & THOMPSON LTD. v. BLACK ARROW GROUP PLC AND AMERICAN INTERNATIONAL UNDERWRITERS UK LTD.

[1993] 2 Lloyd's Rep. 428

Insurance (Buildings) - Reinstatement - Lessor insured property for all risks - Lessor agreed to sell freehold to third party subject to lease - Fire destroyed property - Third party completed purchase disregarding fire damage - Tenant served notice of reinstatement on insurers - Whether insurers liable under policy.

CARGILL INTERNATIONAL S.A. v. CPN TANKERS (BERMUDA) LTD. (THE “OT SONJA”)

[1993] 2 Lloyd's Rep. 435

Charter-party (Voyage) - Limitation of time - Charter incorporated U.S. Carriage of Goods by Sea Act - Plaintiffs alleged breaches of charter - No suit brought within the year - Whether “loss or damage” in U.S. Act referred only to physical loss or damage or included loss or damage related to goods - Whether “loss or damage” applicable only to goods loaded on vessel - Whether plaintiffs’ claim time barred - U.S. Carriage of Goods by Sea Act, 1936 s. 3(6)

STAR SHIPPING A.S. v. CHINA NATIONAL FOREIGN TRADE TRANSPORTATION CORPORATION (THE “STAR TEXAS”)

[1993] 2 Lloyd's Rep. 445

Arbitration - Proper law - Clause in charter that disputes to be referred to arbitration in Beijing or London in “defendants’ option” - Whether clause contained implied choice of floating proper law - Whether clause invalid - Whether clause void for uncertainty - Whether plaintiffs were “defendant” and entitled to exercise option.

SIG. BERGESEN D.Y. & CO. AND OTHERS v. MOBIL SHIPPING AND TRANSPORTATION CO. (THE “BERGE SUND”)

[1993] 2 Lloyd's Rep. 453

Arbitration - Award - Off-hire - Dispute as to delay in loading - Arbitrators found vessel off-hire - Whether vessel remained fully efficient within off-hire clause - Whether owners entitled to indemnity - Whether award should be remitted.

THE “DEVOTION” AND “GOLDEN POLYDINAMOS”

[1993] 2 Lloyd's Rep. 464

Collision - Passing vessels - Collision at Northern entrance to Panama Canal - Liability for collision - Apportionment of liability

A.I.C.C.O. S.A. v. FORGGENSEE NAVIGATION CO. LTD. (THE “POLAR”)

[1993] 2 Lloyd's Rep. 478

Cargo - Carriage by sea - Damage to cargo - Interlocking stow used - Cargo of potatoes found to be infected with rot - Whether stow inadequate - Whether potatoes infected with massive bacterial soft rot before shipment - Whether potatoes damaged as a result of anaerobiosis - Whether defendants in breach of contract of carriage.

MB PYRAMID SOUND N.V. v. BRIESE SCHIFFAHRTS G.m.b.H & Co. K.G. M.S. “SINA” AND LATVIAN SHIPPING ASSOCIATION LTD. (THE “INES”)

[1993] 2 Lloyd's Rep. 492

Bill of lading - Owner’s or time charterer’s bill - Proper parties - Application to set aside - Delivery without production of bill of lading - Whether bill an owners’ or time charterers’ bill - Whether time charterers proper party to the action - Whether claim within O. 11 - Whether service out of jurisdiction should be set aside - R.S.C., O. 11.

ATTALEIA MARINE CO. LTD. v. BIMEH IRAN (IRAN INSURANCE CO.) (THE “ZEUS”)

[1993] 2 Lloyd's Rep. 497

Insurance (Marine) - Average adjustment - Vessel struck and damaged by sea skimming missile - Average adjusters issued certificates of adjustment - Whether payments on account irrecoverable - Whether average adjustment conclusive - Whether guarantee given in respect of insurance policy an agreed mechanism for payment.

ST. PAUL FIRE & MARINE INSURANCE CO. (UK) LTD. v. McCONNELL DOWELL CONSTRUCTORS LTD. AND OTHERS

[1993] 2 Lloyd's Rep. 503

Insurance (Contractors All Risks) - Non-disclosure - Misrepresentation - Serious subsidence damage caused to buildings - Insurers denied liability - Insurers alleged risk represented as one involving piled foundations - Buildings constructed with spread foundations - Whether misrepresentation and/or non-disclosure - Whether insurers entitled to avoid liability.

DEUTSCHE GENOSSENSCHAFTSBANK v. BURNHOPE AND OTHERS

[1993] 2 Lloyd's Rep. 518

Insurance (Theft) - Construction - Insuring clause 2 provided cover for loss of property by reason of theft committed by persons present on the assured’s premises’ - Plaintiffs handed over securities to employee of customer in exchange for undertaking to provide alternative securities - No alternative securities provided - Whether theft committed within policy cover.

ASTILLEROS ESPANOLES S.A. AND BANCO EXTERIOR DE ESPANA S.A. v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION

[1993] 2 Lloyd's Rep. 521

Banking - Letter of guarantee - Construction - Shipbuilding contract - Default in payment of instalments - Defendants made payments - Whether payments discharged defendant’s liability under guarantee.

ACKMAN AND OTHERS AND SCHER AND OTHERS v. THE POLICYHOLDERS PROTECTION BOARD, ROYAL INSURANCE (U.K.) LTD. AND NEW HAMPSHIRE INSURANCE CO.

[1993] 2 Lloyd's Rep. 533

Insurance (Professional Liability) - Policyholders Protection Board - Professional individuals and professional corporations in New York and Canada insured against professional negligence - Insurers insolvent - Whether policies United Kingdom policies - Whether plaintiffs private policyholders - Meaning of “liability” - Whether plaintiffs could claim against board - Policyholders Protection Act, 1975, ss. 4, 6(7), 8(2).

THE “FUTURE EXPRESS”

[1993] 2 Lloyd's Rep. 542

Bill of lading - Title to sue - Attornment - Bank named as consignees - Bills of lading withheld from bank - Goods delivered without production of bills of lading - Whether bank had title to sue - Whether bank became pledgee of goods - Whether bill of lading an attornment - Whether bills of lading exhausted as documents of title - Whether carriers committed wrongful act in relation to the goods.

JOHN ROBERT CHARMAN AND MARK E. BROCKBANK v. WOC OFFSHORE B.V.

[1993] 2 Lloyd's Rep. 551

Practice - Application to set aside - Stay of proceedings - Contract for construction of breakwater in Algeria - Underwriters provided contingency insurance - Claim under policy - Whether policy subject to English jurisdiction - Whether underwriters obliged to sue assured in Dutch Courts - Whether writ and service thereof should be set aside - Whether action should be stayed - Civil Jurisdiction and Judgments Act, 1982, Schedule arts. 11, 12, 12A.

SOFI v. PRUDENTIAL ASSURANCE CO. LTD.

[1993] 2 Lloyd's Rep. 559

Insurance (All Risks) - Theft - Plaintiff’s goods stolen from car - Plaintiff claimed under insurance policies - Whether plaintiff obliged to take all reasonable steps to safeguard insured property - Whether insurers liable.

DEVCO HOLDER LTD. AND BURROWS & PAINE LTD. v. LEGAL & GENERAL ASSURANCE SOCIETY LTD.

[1993] 2 Lloyd's Rep. 567

Insurance (Motor) - Theft - Exclusion clause - Plaintiffs’ car insured with defendants - Plaintiffs to take all reasonable steps to protect car against loss - Driver of car left car unattended with keys in ignition - Whether driver’s conduct entitled defendants to disclaim liability.

THE “CAPITAN SAN LUIS”

[1993] 2 Lloyd's Rep. 573

Admiralty practice - Limitation of liability - Costs - Collision between plaintiffs’ and defendants’ vessels off Cuban coast - Whether defendants entitled to limit liability - Whether costs of issue of limitation of liability should be borne by plaintiffs - Convention on the Limitation of Liability for Maritime Claims, 1976, arts. 2 and 4 - Merchant Shipping Act, 1979, s. 17.

THE SOCIETY OF LLOYD’S v. CANADIAN IMPERIAL BANK OF COMMERCE AND OTHERS

[1993] 2 Lloyd's Rep. 579

Banking - Letter of credit - Allegations of fraud - Plaintiffs claimed as beneficiary - Defendants pleaded that material relied on amounted to notice to a reasonable banker of fraud by beneficiary or would lead a reasonable banker to infer fraud - Whether pleading a defence to plaintiffs’ claim.

NATIONAL OILWELL (UK) LTD. v. DAVY OFFSHORE LTD.

[1993] 2 Lloyd's Rep. 582

Insurance (Builders All Risks) - Subrogation - Waiver of subrogation clause - Plaintiffs agreed to supply subsea wellhead completion system to defendants - Plaintiffs claimed amount of unpaid invoices - Defendants counter-claimed for defective parts and delayed delivery - Allegation that defendants’ claim brought by insurer - Whether plaintiffs co-assured under policy - Whether plaintiffs entitled to benefit of waiver of subrogation clause - Whether defendants precluded from pursuing counterclaim - Marine Insurance Act, 1906, s. 78(4).

Lloyd's Law Reports