- Home/Publications/Lloyd's Law Reports
COMPANIA SUD AMERICANA DE VAPORES SA v HIN-PRO INTERNATIONAL LOGISTICS LTD
[2015] 2 Lloyd's Rep. 1
Carriage of goods by sea – Bills of lading containing English jurisdiction clause – Whether clause providing for exclusive jurisdiction – Practice – Appellant in contempt of court – Whether court should refuse to entertain appeal until contempt purged.
DEUTSCHE BANK AG LONDON BRANCH v PETROMENA ASA
[2015] 2 Lloyd's Rep. 15
Jurisdiction – Negative declaratory relief – Submission to jurisdiction of English court – Effect of jurisdiction agreement in favour of Norway – Lugano Convention, articles 5, 23 and 24.
THE LONDON STEAM SHIP OWNERS MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN AND ANOTHER (THE “PRESTIGE”) (NO 2)
[2015] 2 Lloyd's Rep. 33
Arbitration – Award – Enforcement – P&I Club seeking to enforce arbitration awards for negative declaratory relief against Spain and France following loss of oil tanker Prestige – Whether defendants entitled to rely on state immunity – Whether defendants deemed to have submitted to English jurisdiction – Whether defendants agreed in writing to submit dispute to arbitration – State Immunity Act 1978, sections 2(3)(b) and 9(1).
UNION MARINE CLASSIFICATION SERVICES LLC v GOVERNMENT OF THE UNION OF COMOROS
[2015] 2 Lloyd's Rep. 49
Arbitration – Jurisdiction – Arbitrator issuing amended award under slip rule – Claimant challenging amended award for lack of substantive jurisdiction – Whether amended award a nullity – Whether court had jurisdiction to hear claimant's application – Whether claimant entitled to make alternative application for serious irregularity – Whether tribunal entitled to correct error under slip rule – Whether matters in amended award “dealt with” in original award – Arbitration Act 1996, sections 57(3)(a) and (b), 67(1)(a) and (b) and 68(2)(b) – LMAA Terms (2012), para 25(a).
JETIVIA SA AND ANOTHER v BILTA (UK) LTD AND OTHERS
[2015] 2 Lloyd's Rep. 61
Agency - Illegality - Claim by liquidators of insolvent company against third parties - Whether third parties had a defence by reason of the involvement of the company's directors - Imputation of knowledge - Vicarious liability - Trading with intent to defraud creditors - Companies Act 2006, section 172 - Insolvency Act 1986, section 213.
PUBLIC COMPANY RISE v NIBULON SA
[2015] 2 Lloyd's Rep. 108
Sale of goods (CPT) - Contracts for sale of Ukrainian feed corn - Ukrainian government issuing export quota restrictions - Whether sellers discharged from liability to perform contracts - GAFTA prohibition clause.
SEAGLANCE MARITIME v CASILLO COMMODITIES ITALIA SPA (THE "PROIKONISSOS")
[2015] 2 Lloyd's Rep. 115
Charterparty (Voyage) - Cargo found to be contaminated on discharge - Owners, charterers and cargo receivers concluding tripartite settlement agreement providing for specified consequences in event of a finding by "an English arbitration tribunal" that owners were not liable for the contamination - Whether charterers bound by finding made in arbitration reference to which they were not a party.
SPLIETHOFF'S BEVRACHTINGSKANTOOR BV v BANK OF CHINA LTD
[2015] 2 Lloyd's Rep. 123
Banking - Guarantees - Performance bonds - Guarantees in respect of contract - Effect of finding of fraud under the substantive contract by court in China - Illegality - Guarantees but not contracts containing English law and arbitration clause - Submission to foreign jurisdiction and effect of anti-suit injunction - Public policy - Estoppel by representation - Estoppel by Convention - Stay of enforcement - Civil Jurisdiction and Judgments Act 1982, sections 32 and 33 - CPR 83.7(4).
TRUST RISK GROUP SPA v AMTRUST EUROPE LTD
[2015] 2 Lloyd's Rep. 154
Jurisdiction - Terms of Business Agreement - Conflicting choice of law and jurisdiction agreements - Whether English or Italian courts had jurisdiction.
HARMS BERGUNG TRANSPORT UND HEAVYLIFT GMBH & CO KG v HARMS OFFSHORE AHT “URANUS” GMBH & CO KG AND OTHERS
[2015] 2 Lloyd's Rep. 175
Admiralty jurisdiction – Claimant ship management company alleging breaches of management agreement and of articles of association – Claimant bringing in rem claims to provide security – Whether defendants entitled to submit to jurisdiction in respect of ship management claims – Whether court had jurisdiction to hear articles of association claims – Standard of proof for establishing in rem jurisdiction – Senior Courts Act 1981, section 20(2)(a) and 20(2)(b).
STANDARD CHARTERED BANK (HONG KONG) LTD AND ANOTHER v INDEPENDENT POWER TANZANIA LTD AND OTHERS
[2015] 2 Lloyd's Rep. 183
Conflicts of law – Non-exclusive jurisdiction clause – Forum non conveniens waiver – Clearly more appropriate forum – Application for stay – Case management – The Cambridgeshire factor – Privity of interest – Abuse of process – Civil Procedure Rules 11 and 37 and Practice Direction 6B.
VIRTU FAST FERRIES LTD v THE SHIP “CAPE LEVEQUE”
[2015] 2 Lloyd's Rep. 222
Admiralty – Jurisdiction – Surrogate ship – Plaintiff bringing arbitration proceedings against shipbuilder alleging defects in construction of plaintiff's vessel – Plaintiff filing action in rem against surrogate ship – Plaintiff's ship under construction and not yet launched when causes of action arose – Whether plaintiff entitled to arrest surrogate ship – Admiralty Act 1988 (Cth), section 19(a).
AMTRUST EUROPE LTD v TRUST RISK GROUP SPA
[2015] 2 Lloyd's Rep. 231
Arbitration – Anti-arbitration injunction – Application to restrain defendant from maintaining arbitration proceedings in Italy – Jurisdiction of the English courts – Whether grounds for injunction made out – Senior Courts Act 1981, section 37.
BRAGANZA v BP SHIPPING LTD AND ANOTHER (THE "BRITISH UNITY")
[2015] 2 Lloyd's Rep. 240
Contract – Death benefits – Crew member disappearing at sea – Employer refusing to pay contractual death benefits on basis that death was suicide and therefore resulted from "wilful default" – Whether employer misdirected itself in law – Whether employer's opinion as to cause of death reasonable.
CATERPILLAR MOTOREN GMBH & CO KG v MUTUAL BENEFITS ASSURANCE CO
[2015] 2 Lloyd's Rep. 261
Advance Payment Bond – Performance Bond – Whether guarantee or on demand bond.
CDE SA v SURE WIND MARINE LTD (THE "SB SEAGUARD" and THE "ODYSSEE"
[2015] 2 Lloyd's Rep. 268
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, section 190(3) and 190(5).
SANTER v WUCHER HELICOPTER GMBH AND ANOTHER
[2015] 2 Lloyd's Rep. 282
Aviation law – Air carriers and aircraft operators – Insurance – Requirements – Definitions of “passenger” and “member of the crew” – Helicopter – Carriage of an expert in the blasting of avalanches using explosives – Injury suffered during a work flight – Compensation – European Parliament and Council Regulation 785/2004/EC on insurance requirements for air carriers and aircraft operators – Montreal Convention for the Unification of Certain Rules for International Carriage by Air.
INVOLNERT MANAGEMENT INC v APRILGRANGE LTD AND OTHERS AIS INSURANCE SERVICES LTD (FIRST THIRD PARTY) OAMPS SPECIAL RISKS LTD (SECOND THIRD PARTY)
[2015] 2 Lloyd's Rep. 289
Insurance (marine) – Yacht – Non-disclosure of overvaluation of yacht – Non-disclosure of fact that the yacht was on the market – Materiality – Inducement – Waiver of disclosure – Misrepresentation as to value of vessel – Whether assured complied with policy terms as to notification of loss, commencement of proceedings and giving evidence on oath – Notice of abandonment – Marine Insurance Act 1906, sections 18, 20 and 57 to 62 – Relationship between assured, producing broker and placing broker – Duty of broker to complete proposal form and to warn assured of duty of disclosure.
BV SCHEEPSWERF DAMEN GORINCHEM v THE MARINE INSTITUTE (THE “CELTIC EXPLORER”)
[2015] 2 Lloyd's Rep. 351
Arbitration – Serious irregularity – Inordinate delay in publishing award – Whether serious irregularity – Whether arbitrator failed to deal with issues – Whether award should be set aside – Arbitration Act 1996, section 68.
K v S
[2015] 2 Lloyd's Rep. 363
Arbitration - Time for appeal against an award under sections 67 and 68 of the Arbitration Act 1996 - Effect of application to the arbitrators for correction of award - Extension of time for appeal - Arbitration Act 1996, sections 54, 57, 70(3) and 73.
LIBERO COMMODITIES SA v AUGUSTIN
[2015] 2 Lloyd's Rep. 372
Arbitration – Commencement of proceedings – International Cotton Association Bylaws – Whether payment of fee a requirement of commencement of arbitration – Calculation of sale price – Error of law – Arbitration Act 1996, section 69.
MAASS v MUSION EVENTS LTD AND OTHERS
[2015] 2 Lloyd's Rep. 383
Arbitration – Dispute as to whether arbitration claimant was party to the arbitration clause – Whether arbitrator making an award on jurisdiction – Power of arbitration to make award on costs without determining jurisdiction – Right of parties to a hearing – Serious irregularity – Substantial injustice – Arbitration Act 1996, sections 33 and 68.
SOCIETE DE DISTRIBUTION DE TOUTES MERCHANDISES EN COTE D'IVOIRE, TRADING AS "SDTM-CI" AND OTHERS v CONTINENTAL LINES NV AND ANOTHER (THE "SEA MIROR")
[2015] 2 Lloyd's Rep. 395
Charterparty (Voyage) – Synacomex 90 form – Contracts of carriage incorporating Synacomex 90 charterparty – Cargo interests alleging cargo damage and short delivery – Whether incorporated charterparty transferred responsibility for loading and stowage from carrier to charterers/cargo interests.
SPAR SHIPPING AS v GRAND CHINA LOGISTICS HOLDING (GROUP) CO LTD
[2015] 2 Lloyd's Rep. 407
Charterparty (Time) – Guarantee – Whether valid and enforceable – Hire – Owners withdrawing vessels for non-payment of hire – Whether obligation to make punctual payments of hire a condition – Measure of damages – Whether arbitration costs recoverable under guarantee – New York Produce Exchange 1993 form.
THE FEDERAL REPUBLIC OF BRAZIL AND ANOTHER v DURANT INTERNATIONAL CORPORATION (JERSEY) AND ANOTHER
[2015] 2 Lloyd's Rep. 460
Banking – Tracing – Bribes – Doctrine of backward tracing.
BUNGE SA v NIDERA BV
[2015] 2 Lloyd's Rep. 469
Sale of goods (fob) – Contract for sale of milling wheat fob Novorossiysk – Russian government issuing export ban – Sellers terminating contract prematurely in reliance on export ban – Buyers accepting termination as repudiatory breach of contract – Whether buyers entitled to nominal damages only – GAFTA default clause – GAFTA 49.
EMIRATES TRADING AGENCY LLC v SOCIEDADE DE FOMENTO INDUSTRIAL PRIVATE LTD
[2015] 2 Lloyd's Rep. 487
Arbitration – Jurisdiction – Agreement to resolve dispute by friendly discussion – Issue estoppel – Whether claimant entitled to challenge jurisdiction – Arbitration Act 1996, sections 67 and 68 – Rules of Arbitration of the International Chamber of Commerce (ICC), article 12(4).
FRONTIER AGRICULTURE LTD v BRATT BROTHERS (A FIRM)
[2015] 2 Lloyd's Rep. 500
Arbitration – Jurisdiction – Dispute as to whether parties concluded contract for sale of goods – Putative buyer obtaining arbitration award of damages in its favour – Whether putative seller participated in arbitration – Whether putative seller lost right to challenge arbitrator's jurisdiction – Whether triable issue as to absence of arbitration agreement – Arbitration Act 1996, sections 66, 70 and 73.
GLENCORE INTERNATIONAL AG v MSC MEDITERRANEAN SHIPPING CO SA AND ANOTHER
[2015] 2 Lloyd's Rep. 508
Carriage by sea – Goods misappropriated – Bill of lading to be surrendered in exchange for the goods or a delivery order – Carrier providing computer generated PIN code in accordance with electronic release system in use at discharge port – Whether provision of PIN code was a "Delivery Order" – Whether carrier in breach of contract.
MITSUI OSK LINES LTD v SALGAOCAR MINING INDUSTRIES PVT LTD (THE “UNTA”)
[2015] 2 Lloyd's Rep. 518
Charterparty (Time) – Guarantee – Owners claiming damages against guarantor following repudiatory breach by charterers – Whether guarantee enforceable – Whether brokers had authority to conclude guarantee – Whether guarantee in writing – Whether guarantee signed by guarantor – Whether guarantor in breach – Quantum of damages – Statute of Frauds 1677, section 4.
BARCLAYS BANK PLC v ENTE NAZIONALE DI PREVIDENZA ED ASSISTENZA DEI MEDICI E DEGLI ODONTOIATRI
[2015] 2 Lloyd's Rep. 527
Jurisdiction – Proceedings brought in contract and tort in Italy by the defendant – Action by the claimant in England for breach of exclusive jurisdiction clauses – Whether court could grant summary judgment – Severability of exclusive jurisdiction clause – Whether claim made out – Council Regulation (EC) No 44/2001, articles 5(3), 27 and 28.
JSC BTA BANK v ABLYAZOV
[2015] 2 Lloyd's Rep. 546
Freezing order – Standard form – Whether loans to respondent constituted assets within the freezing order – Whether loans to the respondent constituted assets within the extended definition in the freezing order.
PRASAD AND ANOTHER v LEONARD AND ANOTHER
[2015] 2 Lloyd's Rep. 557
Ex turpi causa - Claimant company suing for defamation - Whether company traded illegally - Whether issue of illegality determinable at interlocutory stage - Whether company should be fixed with fraudulent acts of director - Whether company's claim should be struck out for abuse of process - Foreign Investment Act 2002.
PST ENERGY 7 SHIPPING LLC AND ANOTHER v O W BUNKER MALTA LTD AND ANOTHER (THE "RES COGITANS")
[2015] 2 Lloyd's Rep. 563
Contract - Supply of bunkers - Retention of title clause - Whether bunker supply contract was a contract of sale - Sale of Goods Act 1979, section 2.
SOUTHPORT SUCCESS SA v TSINGSHAN HOLDING GROUP CO LTD (THE “ANNA BO”)
[2015] 2 Lloyd's Rep. 578
Arbitration – Anti-suit injunction – Claim to prevent action being pursued in Chinese courts in breach of arbitration clause – Whether charterparty arbitration clause incorporated into bill of lading – Whether court had jurisdiction to grant injunction – Whether strong reasons not to grant order – Senior Courts Act 1981, section 37 – Arbitration Act 1996, section 44.
BANK OF CYPRUS UK LTD v MENELAOU
[2015] Lloyd's Rep. 585
Banking - Unjust enrichment - Subrogation - Unpaid vendors lien - Whether bank entitled to be subrogated to unpaid vendor's lien even though not directly providing the funds for the purchase.
ST SHIPPING & TRANSPORT INC v KRITI FILOXENIA SHIPPING CO SA (THE "KRITI FILOXENIA")
[2015] Lloyd's Rep. 609
Charterparty (Voyage) - Laycan provisions - Charterers having right to cancel in event of notification that vessel will be unready to load within laycan period - Charterers also having right to nominate revised loading port - Whether right to cancel survived re-nomination of loading port - BPVOY3 form, clauses 17 and 24.
PRÜLLER-FREY v BRODNIG AND ANOTHER
[2015] 2 Lloyd's Rep. 645
Air transport – Montreal Convention for the unification of certain rules for international carriage by air 1999, articles 17 and 33 – Council Regulation 2027/97/EC on air carrier liability in respect of the carriage of passengers and their baggage by air, article 2 – European Parliament and Council Regulation 785/2004/EC on insurance requirements for air carriers and aircraft operators – European Parliament and Council Regulation 864/2007/EC on the law applicable to non-contractual obligations (Rome II Regulation), article 18.
SOUTH WEST STRATEGIC HEALTH AUTHORITY v BAY ISLAND VOYAGES
[2015] 2 Lloyd's Rep. 652
Practice - Contribution claim - Defendant employer claiming contribution from sea carrier in respect of liability to passenger for personal injuries - Whether Athens Convention extended to contribution claims against carrier - Whether Convention time bar "extinguished" relevant right - Civil Liability (Contribution) Act 1978, section 1(3) - Athens Convention 1974, article 16.
THE “CHEM ORCHID”
[2015] 2 Lloyd's Rep. 666
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 physical redelivery of vessel necessary to terminate demise charter – Whether writs in rem should be set aside – High Court (Admiralty Jurisdiction) Act, section 4(4).
VAN DER LANS v KONINKLIJKE LUCHTVAART MAATSCHAPPIJ NV
[2015] 2 Lloyd's Rep. 694
Aviation – European Parliament and Council Regulation 261/2004/EC establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Entitlement of passenger to compensation for delay – Meaning of derogation for “extraordinary circumstances”.