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NORTH RANGE SHIPPING LTD. v. SEATRANS SHIPPING CORPORATION (THE “WESTERN TRIUMPH”) [2002] EWCA Civ 405

[2002] 2 Lloyd's Rep. 1

Arbitration - Award - Leave to appeal - Dispute under time charter referred to arbitration - Arbitrators found notice by e-mail invalid - Owners applied for leave to appeal - Leave refused - Whether appeal from Judge’s refusal to give leave should be allowed - Whether application should be remitted for hearing by different commercial Judge - Arbitration Act, 1996, s. 69 - Human Rights Act, 1998, s. 6.

MARIDIVE & OIL SERVICES (SAE) AND ANOTHER v. CNA INSURANCE CO. (EUROPE) LTD. [2002] EWCA Civ 369

[2002] 2 Lloyd's Rep. 9

Charter-party (Time) - Lease bond - Demand - Limitation of time - Charter required payment guarantee in form of lease bond - P. & I. club named as obligee in bond - Charter ended prematurely - Claimants made demand under bond - Whether demand valid - Contractual time bar in bond - Whether claimant could rely on demand made subsequent to commencement of proceedings.

QUANTUM CORPORATION INC. AND OTHERS v. PLANE TRUCKING LTD. AND ANOTHER [2002] EWCA Civ 350

[2002] 2 Lloyd's Rep. 25

Carriage by air - Carriage by road - CMR - Limitation of liability - Goods carried by air from Singapore to Paris and by road from Paris to Dublin - Goods stolen en route in England - Whether CMR applicable - Whether air carriers entitled to limit liability - Whether claimants entitled to summary judgment.

AGAPITOS AND OTHERS v. AGNEW [2002] EWCA Civ 247

[2002] 2 Lloyd's Rep. 42

Insurance (Marine) - Uberrimae fidei - Leave to amend - Insured vessel lost by fire - Underwriters alleged use of fraudulent device to promote claim - Whether leave to amend to assert that claimants maintained a course involving lying representations as to the date when hot works commenced on vessel should be allowed - Marine Insurance Act, 1906, s. 17.

GUINOMAR OF CONAKRY AND ANOTHER v. SAMSUNG FIRE & MARINE INSURANCE CO. LTD. (THE “KAMSAR VOYAGER”)

[2002] 2 Lloyd's Rep. 57

General average - Contribution - Unseaworthiness - Due diligence - Vessel sustained major engine breakdown necessitating towage - Owners claimed general average contribution from cargo interests - Whether owners failed to exercise due diligence to ensure vessel seaworthy - Whether cargo interests liable to contribute.

QUORUM A.S. v. SCHRAMM (No. 2)

[2002] 2 Lloyd's Rep. 72

Practice - Costs - Interest - Insurance (fine art) Valued policy - Assessment of value - Degas pastel damaged by fire - Claimants recovered under policy - Issues as to interest and costs - Date from which interest should run - Whether there should be any reduction in the period for which interest awarded or rate at which it should run because of delay by claimants in bringing and pursuing claim - Whether costs should be reduced.

WELEX A.G. v. ROSA MARITIME LTD. (THE “EPSILON ROSA”) [2002] EWHC 762 (Comm)

[2002] 2 Lloyd's Rep. 81

Bill of lading - Arbitration clause - Incorporation - Shipment of steel plates from Ukraine to Poland - Re-cap telex evidencing fixture included arbitration clause - Whether recap telex constituted the charter-party - Whether formal charter executed prior to completion of discharge referable to date prior to bill of lading - Whether arbitration clause incorporated in bill of lading.

STRIVE SHIPPING CORPORATION AND ANOTHER v. HELLENIC MUTUAL WAR RISKS ASSOCIATION (THE “GRECIA EXPRESS”) [2002] EWHC 203 (Comm)

[2002] 2 Lloyd's Rep. 88

Insurance (Marine) - Non-disclosure - Alleged scuttling - Total loss of vessel - Mooring ropes of vessel cut and seaward drencher valve opened - Vessel took in water, capsized and sank - Insured claimed under policy - Insurers denied liability alleging scuttling of vessel - Insurers alleged non-disclosure of material facts going to the moral hazard or to the magnitude of the risk of sabotage - Whether loss of vessel caused by barratry - Whether insured had strong motives for disposing of vessel - Whether insurers affirmed contract of insurance - Whether insured averted or minimized loss - Marine Insurance Act, 1906, s. 78(4).

WALKINSHAW AND OTHERS v. DINIZ

[2002] 2 Lloyd's Rep. 165

Contract - Termination - Damages - Defendant a Formula One driver for claimants - Agreement between claimants and defendant - Defendant alleged breach of cl. 7.3 and gave notice terminating contract - Claimants alleged notice given under cl. 9.5 and claimed damages - Whether defendant in repudiatory breach of contract - Whether defendant entitled to terminate contract - Whether claimant suffered loss in consequence of early termination.

EAST WEST CORPORATION v. DKBS 1912 AND AKTS SVENDBORG UTANIKO LTD. v. P&O NEDLLOYD B.V. [2002] EWHC 83 (Comm)

[2002] 2 Lloyd's Rep. 182

Bill of lading - Title to sue - Delivery obligations - Exceptions in bill of lading - Carriage of goods from Hong Kong to Chile - Goods delivered without presentation of bills of lading - Claimants claimed against defendants - Whether claimants had title to sue - Whether obligation to deliver governed by English law - Whether law of Chile relevant to delivery obligation - Whether exceptions clauses in bill of lading applicable - Whether defendants negligent in delivering goods without production of bills of lading - Carriage of Goods by Sea Act, 1992.

THE “SIBOEVA” AND “VITASTAR” [2002] EWHC 370 (ADMIRALTY)

[2002] 2 Lloyd's Rep. 210

Collision - Liability - Apportionment - Collision in Dardanelles - Collision occurred in southbound lane of traffic separation zone - Liability for collision - Apportionment.

AMERICAN MOTORISTS INSURANCE CO. v. CELLSTAR CORPORATION AND ANOTHER [2002] EWCH 421 (COMM).

[2002] 2 Lloyd's Rep. 216

Practice - Stay of action - Choice of law - Situation of risk - Claim under insurance policy - Whether insurance contract governed by English law - Whether breach of contract committed within jurisdiction - Whether first defendant necessary or proper party to claim against second defendant - Whether action should be stayed.

EAST WEST CORPORATION v. DKBS 1912 AND AKTS SVENDBORG UTANIKO LTD. v. P&O NEDLLOYD B.V. (No. 2) [2002] EHWC 253 (Comm)

[2002] 2 Lloyd's Rep. 222

Practice - Costs - Enhanced interest and costs - Claimants successful in claim against defendants for misdelivery of containers without presentation of bills of lading - Claimants alleged they were prepared to settle claim prior to CPR Part 36 offer - Whether claimants entitled to enhanced interest and indemnity costs.

EAST WEST CORPORATION v. DKBS 1912 AND AKTS SVENDBORG UTANIKO LTD. v. P&O NEDLLOYD B.V. (No. 2) [2002] EHWC 253 (Comm)

[2002] 2 Lloyd's Rep. 228

INTERBREW S.A. v. FINANCIAL TIMES LTD. AND OTHERS [2002] EWCA Civ 274

[2002] 2 Lloyd's Rep. 229

Practice - Disclosure - Breach of confidence - Norwich Pharmacal principle - Existence and certain contents of doctored copies of claimant’s possible take over bid published by defendants - Claimant applied for delivery up of doctored documents - Whether defendants in breach of equitable obligation of confidence - Whether claimant entitled to Norwich Pharmacal relief - Whether defendants could claim press privilege.

GLENCORE GRAIN LTD. v. GOLDBEAM SHIPPING INC. GOLDBEAM SHIPPING INC. v. NAVIOS INTERNATIONAL INC. (THE “MASS GLORY”) [2002] EWHC 27 (Comm.)

[2002] 2 Lloyd's Rep. 244

Charter-party (Voyage) - Detention - Laytime - Berth charter - Laytime to commence when notice of readiness given - Notice of readiness given but vessel unable to berth because of breach by sub-sub-charterers - Whether laytime provisions came into effect - Commencement of laytime - Damages for detention - Whether too remote.

DARDANA LTD. v. YUKOS OIL CO. PETROALLIANCE SERVICES CO. LTD. v. SAME

[2002] 2 Lloyd's Rep. 261

Arbitration - Award - Security for costs - Stay of award - Swedish arbitral award made against respondent - Application to enforce award - Award stayed until Swedish District Court had decided whether there had been jurisdiction to make award - Respondents granted security for costs - Whether Court had jurisdiction to grant security.

WINCHESTER FRUIT LTD. v. AMERICAN AIRLINES INC.

[2002] 2 Lloyd's Rep. 265

Carriage by air - Cargo damage - Warsaw Convention - Article 18 - Construction - Carriage of consignment of peaches and nectarines from Paraguay to London via Sao Paulo and New York - Allegation of deterioration of cargo - Whether “an occurrence causing damage” took place during carriage by air - Whether defendants liable for damage to goods.

SUNSPORT SHIPPING LTD. AND OTHERS v. TRYG BALTICA INTERNATIONAL (U.K.) LTD. AND ANOTHER (THE “KLEOVOULOS OF RHODES”) [2002] EWHC 235 (Comm)

[2002] 2 Lloyd's Rep. 277

Insurance (Marine) - Exclusion clause - Infringement of customs regulation - Discovery of cocaine in sea chest below waterline of vessel - Vessel detained - Whether detention by reason of infringement of customs or trading regulations - Whether exclusion clause applied.

SEA MELODY ENTERPRISES S.A. v. BULKTRANS (EUROPE) CORPORATION (THE “MERAK S”)

[2002] 2 Lloyd's Rep. 287

Admiralty practice - Arrest of vessel - Security for release - Breach of charter-party - Vessel arrested - Bank guarantee provided for release of vessel - Application to reduce amount of security and to ask for respondent to provide security on counterclaim - Whether Court had jurisdiction to grant such application - Whether securing of a counterclaim in proceedings before a foreign tribunal a condition that might be imposed by Courts - Admiralty Jurisdiction Regulation Act, 105 of 1983, s. 5(3).

TODD AND OTHERS v. ADAMS AND CHOPE (T/A TRELAWNEY FISHING CO.) (THE “MARAGETHA MARIA”) [2002] EWCA Civ 509

[2002] 2 Lloyd's Rep. 293

Damages - Personal injury - Breach of statutory duty - Share fisherman - Fishing vessel capsized and sank with loss of all crew - Crew of vessel worked as share fishermen - Claimants alleged breach of statutory duty by owners of vessel - Whether Fishing Vessel (Safety Provisions) Rules, 1975 imposed civil liability on owners if rules breached - Whether share fishermen were engaged under contracts of service - Whether owners entitled to limit liability

DARDANA LTD. v. YUKOS OIL CO. PETROALLIANCE SERVICES CO. LTD. v. SAME [2002] EWCA Civ 543

[2002] 2 Lloyd's Rep. 326

Arbitration - Award - Enforcement - Application to set aside - Application for adjournment of Court’s decision on recognition or enforcement of award - Swedish arbitral award made against respondents - Whether respondents could establish no valid arbitration agreement - Whether decision on recognition of award should be adjourned - Whether security for costs should be ordered - Arbitration Act, 1996, s. 103.

PARTCO GROUP LTD. AND ANOTHER v. WRAGG AND SCOTT [2002] EWCA Civ 594

[2002] 2 Lloyd's Rep. 343

Negligence - Personal duty of care - Application to strike out - Acquisition by second claimants of entire share capital of first claimants - Allegation that defendant directors misrepresented trading performance and profitability of first claimants - Whether defendants assumed a personal duty of care to second claimants not to negligently misrepresent position - Whether application to strike out parts of the particulars of claim should be granted.

PARSONS CORPORATION AND OTHERS v. C.V. SCHEEPVAARTONDERNEMING “HAPPY RANGER” AND OTHERS (THE “HAPPY RANGER”) [2002] EWCA Civ 694

[2002] 2 Lloyd's Rep. 357

Carriage by sea - Limitation of liability - Damage to cargo - Whether Hague or Hague-Visby Rules applied - Whether defendants entitled to exclude or limit liability.

BRITVIC SOFT DRINKS LTD AND OTHERS v. MESSER U.K. LTD AND ANOTHER [2002] EWCA Civ 548

[2002] 2 Lloyd's Rep. 368

Contract - Breach of contract - Damages - Alcoholic beverages and soft drinks contaminated by benzene - Benzene in CO2 used to carbonate drinks - Claimants alleged breach of contract in supplying for food application CO2 inadvertently contaminated by benzene - Whether defendants supplied CO2 not in conformity with agreed specification - Whether defendants in breach of statutory implied term as to satisfactory quality and fitness for purpose - Whether claimants entitled to damages for general loss and loss of profits - Whether defendants could rely on exclusion or limitation clauses.

BACARDI-MARTINI BEVERAGES LTD. v. THOMAS HARDY PACKAGING LTD. AND OTHERS [2002] EWCA Civ 549

[2002] 2 Lloyd's Rep. 379

Contract - Damages - Limitation of liability - Liability in tort - Direct physical damage - Claimant supplied concentrate and defendant supplied other ingredients and CO2 to make alcoholic carbonated beverage - CO2 inadvertently contaminated with benzene - Whether end product suffered direct physical damage from CO2 contamination - Whether limitation of liability clause could be relied on - Whether liability in tort - Whether Civil Liability (Contribution) Act, 1978 applicable.

SEECHURN v. ACE INSURANCE S.A.-N.V. [2002] EWCA Civ 67

[2002] 2 Lloyd's Rep. 390

Insurance (Disability) - Limitation of time - Estoppel - Claimant suffered personal injury resulting in disablement - Correspondence between claimants and insurers - Claimant issued proceedings over 10 years later - Whether insurers estopped from relying on limitation defence.

J. I. MACWILLIAM CO. INC. v. MEDITERRANEAN SHIPPING CO S.A. (THE “RAFAELA S”) [2002] EWCH 593 (Comm)

[2002] 2 Lloyd's Rep. 403

Bill of lading - Straight bill - Limitation of liability - Port of shipment - Carriage of goods from Durban to Felixstowe to Boston - No bill of lading issued for Felixstowe-Boston leg - Cargo damaged - Whether bill a straight bill - Whether port of shipment Felixstowe - Whether Hague/Hague-Visby Rules compulsorily applicable - Whether defendants entitled to limit liability under U.S. Carriage of Goods by Sea Act, 1936.

PHILLIPS v. AIR NEW ZEALAND LTD.

[2002] 2 Lloyd's Rep. 408

Carriage by air - Personal injuries - Warsaw Convention - Claimant unfit to carry heavy luggage and assisted by wheelchair and helper employed by ground handlers - Claimant injured while being transported upstairs on moving escalator due to negligence of helper - Whether Warsaw Convention applied - Whether claimant’s injury occurred “in the course of any of the operations of embarking” - Whether defendants liable for negligence of helper - Warsaw Convention, art. 17.

KNAUF UK G.m.b.H. v. BRITISH GYPSUM LTD. AND WELLKISTEN UND PAPIERFABRIKEN FRITZ PETERS & CO. K.G. (NO. 2) [2002] EWHC 739 (Comm.)

[2002] 2 Lloyd's Rep. 416

Practice - Contribution - Application to strike out - Dispute between claimants and defendants - First defendant claimed contribution from second defendant - Whether application for contribution should be struck out - CPR Part 20 - Article 6.2, Brussels Convention.

HANDELSBANKEN NORWEGIAN BRANCH OF SVENSKA HANDELSBANKEN AB (PUBL) v. DANDRIDGE AND OTHERS (THE “ALIZA GLACIAL”) [2002] EWCA Civ 577

[2002] 2 Lloyd's Rep. 421

Insurance (Marine) - Mortgagees’ interest - Indemnity - Institute war clauses - Construction - Vessel seized and detained by Australian authorities, on grounds of illegal fishing - Whether seizure and detention by reason of infringement of trading regulations - Whether arrest and detention of vessel arose from operation of ordinary judicial process or failure to provide security or any financial cause - Whether claimants’ claims excluded by exclusion clauses in war risks policy.

STOCZNIA GDANSKA S.A. v. LATVIAN SHIPPING CO., LATREEFER INC. AND OTHERS. [2002] EWCA Civ 889

[2002] 2 Lloyd's Rep. 436

Shipbuilding contracts - Damages - Assessment - Contract for building six ships - Buyers failed to pay second instalment - Yard exercised right to rescind contracts and claim damages - Damages to be assessed in accordance with contractual terms - Construction of cl. 5.05 - Whether yard entitled to leave to amend pleadings to allege repudiatory breach - Claims in respect of inducing breach of contract, conspiracy and unlawful interference with yard’s contractual relations.

NEW HAMPSHIRE INSURANCE CO. v. OIL REFINERIES LTD.

[2002] 2 Lloyd's Rep. 462

Insurance (Public liability) - Non-disclosure - Waiver - Defendant insured with claimant - Previous claim in respect of defective heating oil supplied by defendant to greenhouse flower growers not disclosed - Whether claimants entitled to avoid policy for non-disclosure - Whether disclosure material - Whether claimant waived notice of flower growers’ claim - Whether non-disclosure induced contract of insurance.

McGREGOR v. MICHAEL TAYLOR & CO.

[2002] 2 Lloyd's Rep. 468

Banking - Undue influence - Matrimonial home - Charges - At request of husband claimant executed charges over matrimonial home - Defendants retained by claimant and her husband in respect of possession proceedings brought by bank - Defendant failed to advise claimant that she had a potential claim against bank to set aside charges - Whether defendants liable for breach of duty.

THE “CLARABELLE”

[2002] 2 Lloyd's Rep. 479

Admiralty practice - Re-arrest - Jurisdiction - Security - Vessel arrested for non-payment of survey fees - Registrar released vessel on payment of security - Classification society alleged security not assessed on its reasonably arguable best case - Application to re-arrest vessel - Whether jurisdiction existed to re-arrest vessel for purposes of obtaining adequate security.

GLENCORE GRAIN LTD. v. FLACKER SHIPPING LTD. (THE “HAPPY DAY”) [2002] EWCA Civ 1068

[2002] 2 Lloyd's Rep. 487

Charter-party (Voyage) - Laytime - Commencement - Invalid notice of readiness - Vessel completed discharge over extended period - Substantial demurrage incurred if notice valid - Whether laytime could commence if no valid notice of readiness given - Whether charterers could claim despatch.

AL HADHA TRADING CO. v. TRADIGRAIN S.A. AND OTHERS

[2002] 2 Lloyd's Rep. 512

Arbitration - Award - Serious irregularity - Limitation of time - Application to set aside - Dispute under contract for sale of wheat referred to GAFTA arbitration - Allegations that Board of Appeal of GAFTA failed to comply with requirements as to form of award, failed to deal with all issues put to it and failed to act fairly and impartially between the parties - Whether allegations out of time - Whether award should be set aside - Whether application for extension of time should be granted - Arbitration Act, 1996, s. 68.

THE “TASMAN DISCOVERER”

[2002] 2 Lloyd's Rep. 528

Bill of lading - Limitation of liability - Package limitation - Package limitation clause in bill of lading - Whether package limitation in Hague Rules incorporated in contract - Whether package limitation clause effective to contract out of package limitation in Hague Rules.

THE “TOREPO” [2002] EWHC 1481 (Admlty)

[2002] 2 Lloyd's Rep. 535

Unseaworthiness - Due diligence - Grounding - Chart discrepancy - Whether cause of grounding navigational error - Whether vessel unseaworthy - Whether defendants exercised due diligence - Discrepancy in Chilean charts - Whether claimants could recover salvage remuneration and return of general average security.

TRADIGRAIN S.A. v. S.I.A.T S.p.A. AND OTHERS [2002] EWHC 106 (Comm.)

[2002] 2 Lloyd's Rep. 553

Insurance (Marine) - Jurisdiction - Stay of proceedings - Dispute under sales contract - 22nd defendant domiciled in England - Claimant brought proceedings in England - Defendants alleged policy written under open cover and special agreement to submit to jurisdiction of Hamburg Court - Whether Court had jurisdiction - Whether action should be stayed.

INTERLEASING (UK) LTD v. MORRIS [2002] EWHC 1086 Ch.

[2002] 2 Lloyd's Rep. 563

Practice - Opinion of Counsel - Status - Agreement that part of purchase price of shares would be retained if claimant obtained opinion of Counsel that claim bona fide and had reasonable prospect of success - Status of opinion - Whether defendant could challenge status - Sufficiency of opinion.

BELLINA MARITIME S.A. MONROVIA AND OTHERS v. MENORAH INSURANCE CO. LTD.

[2002] 2 Lloyd's Rep. 575

Carriage by sea - Limitation of time - Hague-Visby Rules - Article III, r. 6A - Interpretation - Damage to cargo of fruit - Insurer paid compensation and claimed indemnity from appellants - Whether indemnity claim instituted in time or whether it had prescribed - Whether art. III, r. 6A applicable.

KIRIACOULIS LINES S.A. v. COMPAGNIE D’ASSURANCES MARITIME AERIENNES ET TERRESTRES (CAMAT) AND ANOTHER (THE “DEMETRA K”) [2002] EWCA Civ 1070

[2002] 2 Lloyd's Rep. 581

Insurance (Marine) - Rectification - Exclusion cover - Vessel laid up awaiting sale - Vessel destroyed by fire - Fire allegedly started deliberately - Allegation by insurers that policy should have contained exclusion clause excluding cover for vandalism, sabotage or malicious mischief - Whether policy should be rectified.

NAM KWONG MEDICINES & HEALTH PRODUCTS CO. LTD. v. CHINA INSURANCE CO. LTD.

[2002] 2 Lloyd's Rep. 591

Insurance (Marine) - Indemnity - Non-disclosure - Institute classification clause - Cargo insurance effected with defendant - Cargo carried in phantom ship - Vessel not classified - Whether institute cargo clauses incorporated - Whether insurers could rely on non-disclosure - Effect and applicability of s. 44 of Marine Insurance Act, 1906.

THE “MBASHI”

[2002] 2 Lloyd's Rep. 602

Salvage - Remuneration - Voluntariness - Plaintiffs rendered salvage assistance to defendants’ vessel 3.5 miles from southern breakwater of Durban harbour - Defendants alleged plaintiffs under statutory duty to render assistance - Whether plaintiffs acted voluntarily and entitled to salvage remuneration - Fixing of fair award.

SEASCOPE CAPITAL SERVICES LTD. v. ANGLO-ATLANTIC S.S. CO. LTD. AND ANOTHER [2002] EWHC 1277 (Comm)

[2002] 2 Lloyd's Rep. 611

Brokers - Commission - Part 20 claim - Brokers involved as financial intermediaries in bringing about refinancing of defendants’ product carriers - Defendants denied any agreement to pay commission - Defendants alleged agreement finally concluded different from that negotiated by broker - Whether brokers could claim commission - Defendants alleged Part 20 defendant (bank) had agreed to “take care” of claim for commission by broker - Whether defendants entitled to be indemnified by bank for failure to do so.

THE “BORVIGILANT” AND “ROMINA G” [2002] EWHC 1759 (Admlty.)

[2002] 2 Lloyd's Rep. 631

Agency - Beneficial clause - Unseaworthiness - Collision between tug and tanker off Kharg Island - Whether tug owner could take advantage of beneficial clause in tug requisition form under traditional agency principles - Whether ratification applied - Whether vessel unseaworthy.

EQUATORIAL TRADERS LTD. v. LOUIS DREYFUS TRADING LTD.

[2002] 2 Lloyd's Rep. 638

Arbitration - Appeal award - Jurisdiction - Application to set aside - Non-delivery of coffee - Dispute referred to arbitration - Defendants failed to serve statement of case within time - Defendants applied for extension - Board of Appeal of Coffee Federation issued new appeal award - Whether board had jurisdiction to issue appeal award - Whether award should be set aside - Arbitration Act, 1996 ss. 67, 68.

MIDDLE EAST TANKERS & FREIGHTERS BUNKER SERVICES S.A. v. ABU DHABI CONTAINER LINES P.J.S.C. AND OTHERS [2002] EWHC 957 (Comm)

[2002] 2 Lloyd's Rep. 643

Practice - Service - Application to set aside - Jurisdiction clause - Dispute as to sale of marine fuel oils - Whether parties agreed to jurisdiction of English Courts - Whether second defendant as agent jointly and severally liable with principal - Whether application to set aside leave to serve should be granted.

GREAT PEACE SHIPPING LTD. v. TSAVLIRIS (INTERNATIONAL) LTD. (THE “GREAT PEACE”) [2002] EWCA Civ 1407

[2002] 2 Lloyd's Rep. 653

Contract - Mistake - Cancellation - Vessel suffered serious damage - Defendant salvors offered salvage services - Crew required to be taken off vessel - Contract on towhire form entered into with plaintiffs - Parties under assumption vessels in close proximity - Whether distance between vessels too great - Whether defendants entitled to cancel contract for mistake.

BULFRACHT (CYPRUS) LTD. v. BONESET SHIPPING CO. LTD. (THE “PAMPHILOS”) [2002] EWHC 2292 (Comm)

[2002] 2 Lloyd's Rep. 681

Charter-party (Time) - Redelivery - Speed and consumption - Good order and condition - Vessel delivered at Sepetiba and remained there for 21 days - Vessel’s hull encrusted with marine growth - Charterers claimed vessel underperformed by reason of vessel’s slow speed and excessive consumption and deducted hire - Dispute referred to arbitration - Majority arbitrator found in favour of owners - Whether charterers in breach of obligation to redeliver in good order and condition - Whether award should be remitted - Whether permission to appeal award should be granted - Arbitration Act, 1996, ss. 68, 69.

PAPERA TRADERS CO. LTD. AND OTHERS v. HYUNDAI MERCHANT MARINE CO. LTD. AND ANOTHER (THE “EURASIAN DREAM”) (No. 2) [2002] EWHC 2130 (Comm)

[2002] 2 Lloyd's Rep. 692

Practice - Damages - Costs - Fire broke out on vessel resulting in extensive damage to cargo of cars - Recovery services allegedly provided to insurers - Claim for fee based on percentage of damages recovery allegedly payable to claims and recovery agent or to other loss adjusters - Whether claimant entitled to costs in respect of recovery work.

WELEX A.G. v. ROSA MARITIME LTD. (THE “EPSILON ROSA”) (NO. 2) [2002] EWHC 2035 (Comm)

[2002] 2 Lloyd's Rep. 701

Arbitration - Arbitration clause - Incorporation - Anti-suit injunction - Earlier proceedings held clause incorporated on assumption English law applied by virtue of art. 8(1) of Rome Convention - Whether claimant could rely on Ukraine or Swiss law to establish it did not consent to incorporation by virtue of art. 8(2) of Rome Convention - Whether defendants entitled to anti-suit injunction to restrain proceedings otherwise than by arbitration.

VOSS v. APL CO. PTE. LTD.

[2002] 2 Lloyd's Rep. 707

Carriage by sea - Bill of lading - Straight bill of lading - Whether carrier entitled to deliver cargo to consignee without production of bill of lading.

Lloyd's Law Reports