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ARGENTUM EXPLORATION LTD v THE SILVER AND ALL PERSONS CLAIMING TO BE INTERESTED IN AND/OR TO HAVE RIGHTS IN RESPECT OF, THE SILVER
[2021] 2 Lloyd's Rep. 1
Admiralty – Salvage claim – Sovereign immunity – Claimant claiming salvage award for salvage of silver bars from vessel sunk in 1942 – Republic of South Africa asserting ownership of silver bars and claiming sovereign immunity – Whether claim should be struck out – State Immunity Act 1978, section 10(4)(a).
LAVENDER SHIPMANAGEMENT INC v IBRAHIMA SORY AFFRETEMENT TRADING SA AND OTHERS (THE “MAJESTY”)
[2021] 2 Lloyd's Rep. 23
Arbitration – Jurisdiction – Error of law – Whether arbitration clauses in bills of lading had been consolidated – Whether tribunal validly appointed – Whether time for commencing arbitration had been extended – Arbitration Act 1996, sections 67 and 69.
NOBLE CHARTERING INC v PRIMINDS SHIPPING HONG KONG CO LTD (THE “TAI PRIZE”)
[2021] 2 Lloyd's Rep. 36
Carriage of goods by sea – Master invited to sign bill of lading stating cargo shipped in apparent good order and condition – Cargo found to be damaged on discharge – Chinese courts holding head owner liable to receivers – Disponent owners settling with head owner – Disponent owners claiming indemnity from sub-charterers – Whether misrepresentation by master – Whether sub-charterers liable to indemnify disponent owners.
SHANGHAI SHIPYARD CO LTD v REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD
[2021] 2 Lloyd's Rep. 51
Guarantee – Shipbuilding contract – Builder claiming final instalment of price – Dispute as to whether buyer liable to pay final instalment – Builder claiming final instalment from guarantor on basis that guarantee was a demand guarantee – Whether guarantee a demand guarantee or a see to it guarantee – Whether guarantor's liability dependent upon time of commencement of arbitration relating to underlying dispute.
SHAPOORJI PALLONJI & CO PVT LTD v YUMN LTD STANDARD CHARTERED BANK (THIRD PARTY)
[2021] 2 Lloyd's Rep. 59
Arbitration – Interim relief – Performance bond – Interim injunction to require withdrawal of demand under performance bond – Whether injunction should be granted pending appointment of emergency arbitrator – Arbitration Act 1996, section 44 – Senior Courts Act 1981, section 37.
THE OWNERS OF THE VESSEL “SAKIZAYA KALON” v THE OWNERS OF THE VESSEL “PANAMAX ALEXANDER”
[2021] 2 Lloyd's Rep. 70
Collision action – Convoy of eight vessels transiting Suez Canal – First vessel suffering engine problem and anchoring – Following vessels taking steps to moor – Eighth vessel colliding with anchored seventh vessel – Both vessels subsequently colliding with anchored and moored sixth vessel – Liability for collisions.
SK SHIPPING EUROPE PLC v CAPITAL VLCC 3 CORPORATION AND ANOTHER (THE “C CHALLENGER”)
[2021] 2 Lloyd's Rep. 109
Charterparty (Time) – Misrepresentation – Whether owners misrepresented vessel's fuel consumption – Whether owners in repudiatory breach of charter – Whether charterers entitled to rescind or terminate charter for misrepresentation or repudiatory breach – Whether charterers affirmed charter – Whether charterers’ guarantor entitled to rescind guarantee – Whether charterers in repudiatory breach – Whether Statute of Frauds satisfied – Whether guarantor liable to owners.
NAUTICA MARINE LTD v TRAFIGURA TRADING LLC (THE “LEONIDAS”)
[2021] 2 Lloyd's Rep. 165
Charterparty (Voyage) – Consensus ad idem – Preliminary recap setting out terms of fixture “subject to suppliers’ approval” – Whether “subject” was pre-condition or performance condition – Whether parties concluded fixture – Whether owners entitled to damages for breach of charter.
RAV BAHAMAS LTD AND ANOTHER v THERAPY BEACH CLUB INC (BAHAMAS)
[2021] 2 Lloyd's Rep. 188
Arbitration – Serious irregularity – Breach of rules of natural justice – Failure to deal with all issues – Substantial injustice – Arbitration Act 2009 (Bahamas), section 90 – Arbitration Act 1996, section 68.
TUGUSHEV v ORLOV AND OTHERS
[2021] 2 Lloyd's Rep. 205
Arbitration – Stay of proceedings – Matters agreed to be referred to arbitration – Scope of arbitration clause in settlement agreement – Issue estoppel – Arbitration Act 1996, section 9.
HOLYHEAD MARINA LTD v FARRER AND OTHERS
[2021] 2 Lloyd's Rep. 221
Limitation of liability – Marina damaged by storm – Owner of marina bringing limitation claim against owners of damaged craft – Whether claimant entitled to limit – Whether marine a “dock” – Whether claimant lost right to limit – Whether claimant entitled to summary judgment – Whether defendants entitled to amend defence – Amount of right to limit – Merchant Shipping Act 1995, section 191 – Convention on Limitation of Liability for Maritime Claims 1976, article 4.
PAKISTAN INTERNATIONAL AIRLINES CORPORATION v TIMES TRAVEL (UK) LTD UKRAINE AND OTHERS (INTERVENING)
[2021] 2 Lloyd's Rep. 234
Contract – Economic duress – Threat by defendant to exercise right of termination of contract unless claimant waived claims for commission under renewed contract – Scope of lawful act duress.
THE “ECHO STAR” EX “GAS INFINITY”
[2021] 2 Lloyd's Rep. 266
Admiralty practice – Collision action – Plaintiff shipowner bringing in rem proceedings against defendant vessel – Change of ownership of vessel prior to issue of proceedings – Whether proper party to enter appearance was owner at time of collision or current owner – Whether current owner entitled to withdraw appearance.
DYNASTY COMPANY FOR OIL AND GAS TRADING LTD v KURDISTAN REGIONAL GOVERNMENT OF IRAQ AND ANOTHER
[2021] 2 Lloyd's Rep. 275
Sovereign immunity – Service of proceedings – Forum non conveniens – State Immunity Act 1978, sections 12 and 14 – Brussels Regulation Recast, Council Regulation (EU) No 1215/2012.
SPLITT CHARTERING APS AND OTHERS v SAGA SHIPHOLDING NORWAY AS AND OTHERS (THE “STEMA BARGE II”)
[2021] 2 Lloyd's Rep. 307
Limitation of liability – Dumb barge alleged to have damaged undersea cable – Whether company operating machinery of barge was “operator” of the barge – Whether company entitled to limit liability – Convention on Limitation of Liability for Maritime Claims 1976, article 1(2).
TRANS-TEC INTERNATIONAL SRL AND ANOTHER v THE OWNERS AND/OR DEMISE CHARTERERS OF THE VESSELS “COLUMBUS” AND “VASCO DA GAMA”
[2021] 2 Lloyd's Rep. 323
Admiralty jurisdiction – Claims for bunkers supplied plus contractual interest, administration fee and costs – Whether claims for interest, administration fee and costs fell within court's admiralty jurisdiction – Senior Courts Act 1981, section 20(2)(m).
ARMADA SHIP MANAGEMENT (S) PTE LTD v SCHISTE OIL AND GAS NIGERIA LTD
[2021] 2 Lloyd's Rep. 329
Arbitration – Jurisdiction – Preliminary ruling on jurisdiction – Whether ruling should be made where respondent refused to participate in the arbitration – Arbitration Act 1996, sections 32 and 72.
IS PRIME LTD v TF GLOBAL MARKETS (UK) LTD AND OTHERS
[2021] 2 Lloyd's Rep. 340
Arbitration – Stay of judicial proceedings – Tiered dispute resolution clause providing for non-binding arbitration – Whether process constituted “arbitration” – Arbitration Act 1996, sections 6, 9 and 58 – Senior Courts Act 1981, section 49.
SPECIALISED VESSEL SERVICES LTD v MOP MARINE NIGERIA LTD (THE “SVS COCHRANE”)
[2021] 2 Lloyd's Rep. 354
Practice – Anti-suit injunction – Shipowners applying for injunction to restrain continuance of Nigerian proceedings brought in breach of charterparty arbitration clause – Whether injunction should be refused on grounds of delay.
THE “SONGA VENUS”
[2021] 2 Lloyd's Rep. 365
Admiralty practice – Priorities – Costs – Claimant having possessory lien over vessel in respect of claim – Claim would have priority only as statutory lien in absence of possessory lien – Whether costs of enforcing claim to be given same priority as possessory lien or statutory lien.
VARANO v AIR CANADA
[2021] 2 Lloyd's Rep. 372
Air transport – Flight from EU – Connecting flight outside EU delayed – Whether passenger entitled to compensation – Regulation (EC) No 261/2004.
ARGOS PEREIRA ESPAÑA SL AND ANOTHER v ATHENIAN MARINE LTD (THE “FRIO DOLPHIN”)
[2021] 2 Lloyd's Rep. 387
Carriage of goods by sea – Cargo of frozen fish found defective on arrival – Contract of carriage containing London arbitration clause – Subrogated cargo insurers bringing foreign court proceedings against third party – Third party sustaining irrecoverable costs – Whether cargo insurers liable in principle to pay equitable compensation to carrier in respect of third party's loss – Whether carrier entitled to compensation pursuant to “transferred loss” principle.
CVLC THREE CARRIER CORPORATION AND ANOTHER v ARAB MARITIME PETROLEUM TRANSPORT CO (THE “ANBAR” AND THE “HILLAH”)
[2021] 2 Lloyd's Rep. 397
Contract – Guarantee – Third party guaranteeing charterer's obligations under charterparty as primary obligor – Guarantee expressed to be in consideration of owners entering into charterparty – Owners bringing arbitration proceedings against guarantor based on alleged breaches by charterers – Owners applying to foreign court for arrest of vessel owned by guarantor as security for claim under guarantee – Whether implied term of guarantee that owners would not seek security over and above that provided by the contracts of guarantee and indemnity.
KNIGHT v BLACK AND OTHERS
[2021] 2 Lloyd's Rep. 410
Limitation of liability – Boat passenger injured in collision with sandbar – Whether defendants entitled to limit liability – Marine Liability Act 2001, section 37 – Athens Convention 1974.
TECOIL SHIPPING LTD v THE OWNERS OF THE SHIP “POSEIDON”
[2021] 2 Lloyd's Rep. 421
Admiralty – Collision action – In rem claim – Judgment in default of acknowledgement of service – CPR Part 61 – CPR Part 12.
TECOIL SHIPPING LTD v NEPTUNE EHF AND OTHERS (THE “POSEIDON”) (NO 2)
[2021] 2 Lloyd's Rep. 429
Admiralty practice – Collision action – Claimant obtaining default judgment in rem – Insurers refusing to comply with letter of undertaking on basis that LOU only responded to in personam judgment – Claimant bringing separate in personam proceedings against owners and insurers – Insurers applying to set aside default judgment against owners – Whether default judgment against owners should be set aside – CPR 61.9 – CPR Part 12.
YL v ALTENRHEIN LUFTFAHRT GMBH
[2021] 2 Lloyd's Rep. 436
Air transport – Montreal Convention 1999 – Injury suffered from hard landing within ordinary operating range of aircraft – Whether there was an “accident” – Meaning of “unforeseen”.
PROVINCE OF BALOCHISTAN v TETHYAN COPPER CO PTY LTD
[2021] 2 Lloyd's Rep. 443
Arbitration – Jurisdiction – Issue estoppel – Waiver by election – Arbitration Act 1996, sections 67 and 73.
BEGUM (ON BEHALF OF MOLLAH) v MARAN (UK) LTD
[2021] 2 Lloyd's Rep. 505
Practice – Summary judgment – Duty of care – Bangladeshi worker suffering fatal accident in course of demolition of vessel in Bangladeshi shipyard – Widow bringing action in negligence against English company responsible for selling vessel for scrap – Defendant applying for reverse summary judgment on basis that no arguable duty of care was owed – Whether arguable that defendant owed duty of care – Whether claim time-barred under Bangladeshi law – Whether claim should be struck out – Regulation (EC) No 864/2007 (Rome II Regulation) – CPR 24.2 and 3.4.
BTN AND ANOTHER v BTP AND ANOTHER
[2021] 2 Lloyd's Rep. 527
Arbitration – Tribunal ruling that it was bound by decisions of the Malaysian Industrial Court – Whether tribunal had jurisdiction – Procedural irregularity – Public policy.
LENKOR ENERGY TRADING DMCC v PURI
[2021] 2 Lloyd's Rep. 542
Enforcement of judgment – Recognition of foreign judgment – Whether court should refuse to recognise Dubai court judgment on basis that it would be contrary to public policy.
THE “CARAKA JAYA NIAGA III-11”
[2021] 2 Lloyd's Rep. 549
Admiralty practice – Collision action – Plaintiffs bringing claim against defendant vessel – Defendant bringing cross-claim against plaintiffs’ vessel – Defendant's claim time-barred – Parties agreeing to apportion liability 40 per cent to plaintiffs and 60 per cent to defendant – Whether defendant entitled to rely on single liability principle in diminution of plaintiffs’ claim.
BETAMAX LTD v STATE TRADING CORPORATION (MAURITIUS)
[2021] 2 Lloyd's Rep. 559
Arbitration – Challenge to award – Allegation of illegality – Finding by tribunal that contract was not illegal – Power of court to intervene.
REGAL SEAS MARITIME SA v OLDENDORFF CARRIERS GMBH & CO KG (THE “NEW HYDRA”)
[2021] 2 Lloyd's Rep. 580
Charterparty (Time) – Hire – Hire to be calculated by reference to Baltic Capesize Index “plus 4% for size adjustment” – Baltic Exchange changing size of benchmark vessel during course of charter – Whether implied term that percentage size adjustment should be revised so as to become a reasonable percentage size adjustment.
SEPTO TRADING INC v TINTRADE LTD (THE “NOUNOU”)
[2021] 2 Lloyd's Rep. 591
Sale of goods (fob) – Cargo of fuel oil – Whether Certificate of Quality binding on parties – Whether buyer precluded from claiming that cargo was off spec.
VALE SA AND OTHERS v STEINMETZ AND OTHERS
[2021] 2 Lloyd's Rep. 601
Arbitration – Effect of award on third party – Res judicata – Issue estoppel.
ALIZE 1954 AND ANOTHER v ALLIANZ ELEMENTAR VERSICHERUNGS AG AND OTHERS (THE “CMA CGM LIBRA”)
[2021] 2 Lloyd's Rep. 613
General average – Vessel grounding on uncharted shoal leaving port of Xiamen – Whether cargo interests obliged to contribute to general average – Whether actionable fault on part of owners – Whether defective passage plan made vessel unseaworthy – Whether owners failed to exercise due diligence – York-Antwerp Rules – Hague Rules, article III, rule 1.
PERUSAHAAN PERSEROAN (PERSERO) PT PERTAMINA v TREVASKIS LTD
[2021] 2 Lloyd's Rep. 637
Limitation of liability – Whether claim for wreck removal expenses subject to limitation – Convention on Limitation of Liability for Maritime Claims 1976, article 2 – Hong Kong Merchant Shipping (Limitation of Shipowners Liability) Ordinance, Cap 434, schedule 2 and section 15.
WOOD v COMMERCIAL FIRST BUSINESS LTD AND OTHERS; BUSINESS MORTGAGE FINANCE 4 PLC v PENGELLY
[2021] 2 Lloyd's Rep. 644
Bribery – Commissions paid to broker for arranging loans – Right of borrower to rescind loans – Whether fiduciary duty required – Secret and half-secret commissions.