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MAGELLAN SPIRIT APS v VITOL SA (THE "MAGELLAN SPIRIT")
[2016] 2 Lloyd's Rep. 1
Practice – Anti-suit injunction – Jurisdiction – Shipowner applying for injunction to restrain Nigerian proceedings brought by Swiss shipper – Whether court had jurisdiction – Agency – Whether shipper was undisclosed principal of time charterer – Whether bill of lading to be rectified to incorporate charterparty jurisdiction clause – Whether parties concluded free-standing jurisdiction agreement – Delay.
ST SHIPPING AND TRANSPORT PTE LTD v SPACE SHIPPING LTD (THE "CV STEALTH")
[2016] 2 Lloyd's Rep. 17
Charterparty (Time) – Vessel detained at Venezuelan port while waiting to load cargo – Whether charterers liable for financial consequences of detention – Shelltime 4 form, clause 28 – Arbitration – Appeal – Charterers seeking to appeal arbitration award – Charterparty providing that either party might appeal to the High Court on any question of law arising out of an award – Whether agreement that appeal could be brought – Arbitration Act 1996, section 69(2)(a).
STANDARD CHARTERED BANK (HONG KONG) LTD AND ANOTHER v INDEPENDENT POWER TANZANIA LTD AND OTHERS
[2016] 2 Lloyd's Rep. 25
Conflicts of law – Non-exclusive jurisdiction clause – Forum non conveniens waiver – Application for stay – Case management – Privity of interest – Abuse of process.
THE QUEEN (ON THE APPLICATION OF FLEET MARITIME SERVICES (BERMUDA) LTD) v THE PENSIONS REGULATOR
[2016] 2 Lloyd's Rep. 35
Pensions – Automatic enrolment – Seafarers working on ships spending significant periods of time outside Great Britain – Whether seafarers falling within territorial scope of automatic enrolment scheme – Pensions Act 2008, section 1(1)(a).
TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC(THE “GSF ARCTIC III”)
[2016] 2 Lloyd's Rep. 51
Contract – Hire of drilling rig – Exclusion clause – Hirer suffering loss of time due to owner's breaches of contract – Hirer claiming to recover additional overhead costs resulting from delays – Whether owner's liability excluded on basis that costs constituted “consequential loss”.
BROADS AUTHORITY v FRY
[2016] 2 Lloyd's Rep. 61
Inland waterways – Norfolk and Suffolk Broads – Dutch barge moored outside navigation area of Broads but in “adjacent waters” – Whether owner of barge liable to pay toll to Broads Authority – Barge deriving no benefit from Broads Authority's services – Whether bylaw valid – Norfolk and Suffolk Broads Act 1988, section 13(1) as amended by Broads Authority Act 2009.
THE ENVIRONMENT AGENCY v GIBBS AND ANOTHER
[2016] 2 Lloyd's Rep. 69
Inland waterways – Registration – Whether houseboats “vessels” – Environment Agency (Inland Waterways) Order 2010, article 2.
ELLINIKO DIMOSIO v STROUMPOULIS AND OTHERS
[2016] 2 Lloyd's Rep. 85
European law – Protection of employees in the event of insolvency of employer – Applicability to seamen employed to work on non-EU flagged vessel – Whether Greek national law constituted “equivalent” protection – Council Directive 80/987/EEC, articles 1.1 and 1.2 – UNCLOS, articles 91, 92 and 94.
SINO CHANNEL ASIA LTD v DANA SHIPPING AND TRADING PTE SINGAPORE AND ANOTHER
[2016] 2 Lloyd's Rep. 97
Arbitration – Jurisdiction – Agency – Whether notice of arbitration validly served on the claimant – Actual and ostensible authority – Ratification – Arbitration Act 1996, sections 72 and 76.
WINDSTAR MANAGEMENT SERVICES LTD v HARRIS
[2016] 2 Lloyd's Rep. 109
Employment – Master mariner working outside UK territorial waters – Jurisdiction of Employment Tribunal to hear unfair dismissal claim – Base test – Peripatetic employee – Employment Rights Act 1996, section 94.
BNY MELLON CORPORATE TRUSTEE SERVICES LTD v LBG CAPITAL NO 1 PLC AND ANOTHER
[2016] 2 Lloyd's Rep. 119
Contracts - Banking - Loan notes - Right to redeem - Capital Disqualification Event - Use of factual matrix when securities issued to a variety of creditors at different times - Interpretation of terms and conditions in light of changing regulatory provision.
HC TRADING MALTA LTD v TRADELAND COMMODITIES SL
[2016] 2 Lloyd's Rep. 130
Practice - Declaratory relief - Claimant asserting existence of contract containing London arbitration clause - Claimant issuing claim in High Court seeking declaration that binding arbitration agreement existed - Whether claim should be struck out - Senior Courts Act, section 37.
INTEGRAL PETROLEUM SA v MELARS GROUP LTD
[2016] 2 Lloyd's Rep. 141
Arbitration - Jurisdiction - Scope of arbitration clause - Permission to appeal refused - Whether Court of Appeal could give permission to appeal - Arbitration Act 1996, section 67.
NATIONAL IRANIAN OIL CO v CRESCENT PETROLEUM CO INTERNATIONAL LTD AND ANOTHER
[2016] 2 Lloyd's Rep. 146
Arbitration - Jurisdiction - Serious irregularity - Law applicable to separability of arbitration clause and substantive contract - Allegations of corruption - Public policy - Arbitration Act 1996, sections 2, 4, 7, 67 and 68.
NEON SHIPPING INC v FOREIGN ECONOMIC & TECHNICAL COOPERATION CO OF CHINA AND ANOTHER
[2016] 2 Lloyd's Rep. 158
Contract - Shipbuilding contract - Time-bar - Buyer not giving notice of crane defect within 30 days after end of Guarantee Period - Whether buyer's claim time-barred - Statutory implication of term of fitness for purpose - Whether applicable to shipbuilding contract where vessel built for use in standardised trade - Sale of Goods Act 1979, section 14(3).
SBT STAR BULK & TANKERS (GERMANY) GMBH & CO KG v COSMOTRADE SA (THE "WEHR TRAVE")
[2016] 2 Lloyd's Rep. 170
Charterparty (Time) - Time charter trip - Vessel loading cargoes at ports in Black Sea and discharging at ports in Red Sea and Persian Gulf - Whether charterers entitled to use vessel for a further carrying voyage - Whether last voyage order legitimate.
CYPRUS POPULAR BANK PUBLIC CO LTD v VGENOPOULOS AND OTHERS
[2016] 2 Lloyd's Rep. 177
Conflict of laws – Worldwide freezing order – Registration of order in England – Effect of registration on enforceability of the order – Whether defendant had properly enforced the order – Regulation 44/2001/EC, articles 32 and 47.
UNION MARINE CLASSIFICATION SERVICES LLC v GOVERNMENT OF THE UNION OF COMOROS
[2016] 2 Lloyd's Rep. 193
Arbitration – Jurisdiction – Arbitrator issuing corrective award under slip rule – Claimant challenging corrective award for lack of substantive jurisdiction – Whether corrective award a nullity – Whether court had jurisdiction to hear claimant's application – Whether tribunal entitled to correct error in original award – Arbitration Act 1996, sections 57(3)(a) and (b) and 67.
VERSLOOT DREDGING BV AND ANOTHER v HDI GERLING INDUSTRIE VERSICHERUNG AG AND OTHERS (THE “DC MERWESTONE”)
[2016] 2 Lloyd's Rep. 198
Insurance (marine) – Fraudulent claim – Fraudulent means and devices – Whether “collateral lies” constituted a fraudulent claim.
MONDE PETROLEUM SA v WESTERNZAGROS LTD
[2016] 2 Lloyd's Rep. 229
Contract – Termination – Consultancy Services Agreement – Whether Agreement validly terminated – Utmost good faith – Implied terms – Subsequent Settlement Agreement – Whether Settlement Agreement voidable for misrepresentation – Misrepresentation Act 1967, section 2(1).
IMPERATOR I MARITIME CO v BUNGE SA (THE “CORAL SEAS”)
[2016] 2 Lloyd's Rep. 293
Charterparty (Time) – Performance warranty – Charterer alleging underperformance – Whether defence for owner to prove that underperformance resulted from compliance with charterer's orders.
PATEL v MIRZA
[2016] 2 Lloyd's Rep. 300
Illegality – Payment made to bet on shares using inside information – Information proving incorrect and bet not taking place – Whether lender could recover payment – Public policy – Factors determining whether repayment should be required.
ATLASNAVIOS-NAVEGAÇÃO, LDA v NAVIGATORS INSURANCE CO LTD AND OTHERS (THE “B ATLANTIC”)
[2016] 2 Lloyd's Rep. 351
Insurance (marine, war risks) - Vessel found to be carrying drugs and seized - Vessel a constructive total loss - Whether claim lost by reason of âinfringement of any customs or trading regulationsâ - Institute War and Strikes Clauses Hull 1/10/83.
CONNECT SHIPPING INC AND ANOTHER v SVERIGES ANGFARTYGS ASSURANS FORENING (THE SWEDISH CLUB) AND OTHERS (THE "MV RENOS")
[2016] 2 Lloyd's Rep. 364
Insurance (marine) - Vessel damaged by fire - Whether vessel a constructive total loss - Whether notice of abandonment validly served - Assessment of costs of repairs - Whether costs incurred before notice of abandonment served to be taken into account - Salvage costs - Suing and labouring - Marine Insurance Act 1906, sections 60 and 62.
MITSUI & CO LTD AND OTHERS v BETEILIGUNGSGESELLSCHAFT LPG TANKERFLOTTE MBH & CO KG AND ANOTHER (THE "LONGCHAMP")
[2016] 2 Lloyd's Rep. 375
General average - Vessel seized by pirates in Gulf of Aden - Negotiations for payment of ransom - Whether expenses incurred by shipowner during period of negotiations allowable in general average - Whether cost of bunker consumption an âexpenseâ - York-Antwerp Rules 1974, Rules A and F.
MWB BUSINESS EXCHANGE CENTRES LTD v ROCK ADVERTISING LTD
[2016] 2 Lloyd's Rep. 391
Contract - Licence to occupy premises - Licence prohibiting oral variation - Whether oral variation binding on the parties - Consideration - Promissory estoppel - Proprietary estoppel - Waiver.
BAILEY AND ANOTHER v ANGOVE'S PTY LTD
[2016] 2 Lloyd's Rep. 409
Agency - Authority - When authority of agent irrevocable - Receipt of money by agent imminently insolvent - Constructive trust.
MARSDEN v BARCLAYS BANK PLC
[2016] 2 Lloyd's Rep. 420
Banking - Interest rate swaps - Validity of Settlement Agreement - Past consideration - Economic duress - Effect of investigation required by regulator - Financial Services and Markets Act 2000, section 138D.
OMV PETROM SA v GLENCORE INTERNATIONAL AG (NO 2)
[2016] 2 Lloyd's Rep. 432
Tort - Deceit - Damages - Sale of crude oil - Fraudulent misrepresentations made in relation to constituents of cargoes - Measure of damages.
SPAR SHIPPING AS v GRAND CHINA LOGISTICS HOLDING (GROUP) CO LTD (THE "SPAR CAPELLA", "SPAR VEGA" AND "SPAR DRACO")
[2016] 2 Lloyd's Rep. 447
Charterparty (Time) - Hire - Owners withdrawing vessels for non-payment of hire - Whether obligation to make punctual payments of hire a condition of relevant charterparties - Whether renunciation by charterers - New York Produce Exchange 1993 form.
BAHAMAS OIL REFINING COMPANY INTERNATIONAL LTD v OWNERS OF THE CAPE BARI TANKSCHIFFAHRTS GMBH & CO KG (BAHAMAS) (THE “CAPE BARI”)
[2016] 2 Lloyd's Rep. 469
Limitation of liability – Contracting out – Whether shipowners entitled to contract out of statutory right of limitation – Whether parties did in fact agree to exclude owners’ right to limit liability – Convention on Limitation of Liability for Maritime Claims 1976.
ESSAR OILFIELDS SERVICES LTD v NORSCOT RIG MANAGEMENT PVT LTD
[2016] 2 Lloyd's Rep. 481
Arbitration – Serious irregularity – Award of costs – Whether litigation funding costs amounted to “other costs” – Waiver – Running of time for appeal against an award where it had been corrected – Extension of time – Arbitration Act 1996, sections 59, 61, 63, 68, 69, 70, 73, 80 and 81.
MSC MEDITERRANEAN SHIPPING CO SA v COTTONEX ANSTALT
[2016] 2 Lloyd's Rep. 494
Carriage of goods by sea – Container demurrage – Cargo interests failing to collect containerised goods from discharge port – Carrier claiming container demurrage from shipper – Whether demurrage payable – Whether contracts of carriage repudiated by frustrating delay – Whether carrier entitled to affirm contracts and claim continuing demurrage.
VINNLUSTODIN HF AND ANOTHER v SEA TANK SHIPPING AS (THE "AQASIA")
[2016] 2 Lloyd's Rep. 510
Carriage of goods by sea – Package limitation – Whether "unit" meant physical unit for shipment or unit of measurement – Whether package limitation capable of applying to bulk cargo – 1924 Hague Rules, article IV rule 5
KAIROS SHIPPING LTD AND ANOTHER v ENKA & CO LLC AND OTHERS (THE “ATLANTIK CONFIDENCE”)
[2016] 2 Lloyd's Rep. 525
Limitation of liability – Conduct barring limitation – Vessel catching fire in Gulf of Aden and subsequently flooding and sinking – Owners seeking limitation decree – Whether owners barred from limiting liability – Whether loss resulted from owners’ personal act or omission committed with the intent to cause loss – Burden and standard of proof – Convention on Limitation for Liability of Maritime Claims 1976, article 4.
BCY v BCZ
[2016] 2 Lloyd's Rep. 583
Arbitration – Jurisdiction – Existence of arbitration agreement – Law applicable to arbitration agreement.
PT TRANSPORTASI GAS INDONESIA v CONOCOPHILLIPS (GRISSIK) LTD AND ANOTHER
[2016] 2 Lloyd's Rep. 600
Arbitration – Serious irregularity – Enforcement of award – Unfairness – Excess of powers – Failure to deal with an issue – Public policy – Arbitration Act 1996, sections 33, 66 and 68.
REGULUS SHIP SERVICES PTE LTD v LUNDIN SERVICES BV AND ANOTHER
[2016] 2 Lloyd's Rep. 612
Towage – Towcon providing that tow should be provided in light ballast condition – Whether tow in light ballast condition – Whether tugowner entitled to delay payments – Whether tugowner warranted average speed of about 4.5 knots – Whether Towcon repudiated by hirer or by tugowner.
SIMMONDS v GAMMELL
[2016] 2 Lloyd's Rep. 631
Arbitration – Error of law – Reinsurance – Aggregation clause – Meaning of “any one event” – Arbitration Act 1996, section 69.
REITER PETROLEUM INC v THE SHIP “SAM HAWK”
[2016] 2 Lloyd's Rep. 639
Admiralty jurisdiction – Action in rem – Time-charterer 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 shipowner entitled to summary judgment – Admiralty Act 1988 (Cth), sections 15 and 17.