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CENTRO LATINO AMERICANO DE COMMERCIO EXTERIOR S.A. v. OWNERS OF THE SHIP “KOMMUNAR” (THE “KOMMUNAR”)

[1997] 1 Lloyd's Rep. 1

Admiralty practice - Action in rem - Jurisdiction - Application to set aside - Plaintiffs paid for goods and materials supplied to number of named ships and claimed reimbursement - Whether plaintiffs’ claims were claims in respect of goods or materials supplied to those ships for their operation or maintenance - Whether claim within s. 21(4) - Whether Court had jurisdiction - Whether action should be set aside or stayed - Supreme Court Act, 1981, s. 20(2)(m), (p).

CENTRO LATINO AMERICANO DE COMMERCIO EXTERIOR S.A. v. OWNERS OF THE SHIP “KOMMUNAR” (THE “KOMMUNAR”) (No. 2)

[1997] 1 Lloyd's Rep. 8

Admiralty practice - Jurisdiction - Arrest of vessel - Application to set aside - Plaintiffs claimed reimbursement of moneys paid to third party suppliers of goods to vessels - State enterprise privatized under Russian Federation privatization legislation - Whether defendants same legal person as state enterprise - Whether state enterprise beneficial owner of vessels at time cause of action arose - Whether proceedings prohibited by reason of similar proceedings in rem in South Africa - Whether arrest should be set aside - Supreme Court Act, 1981 s.21(4), (8).

CENTRO LATINO AMERICANO DE COMMERCIO EXTERIOR S.A. v. OWNERS OF THE SHIP “KOMMUNAR” (THE “KOMMUNAR”) (NO. 3)

[1997] 1 Lloyd's Rep. 22

Practice - Costs - Non-party - Defendants alleged plaintiffs’ parent company controlled conduct of action and therefore financed proceedings - Whether parent company should be made jointly and severally liable for costs. Admiralty practice - Action in rem - Arrest - Allegations of wrongful arrest of vessel - Whether defendants could establish mala fides or crassa negligentia - Whether defendants entitled to damages for wrongful arrest - Whether defendants’ recoverable costs should be reduced by costs of bunkers consumed in refrigerating cargo.

EVERGOS NAFTIKI ETERIA v. CARGILL PLC (THE “VOLTAZ”)

[1997] 1 Lloyd's Rep. 35

Charter-party (Voyage) - Demurrage - Arbitration - Limitation of time - Dispute as to delay at loading port - Owners claimed demurrage - Whether claim time barred - Whether owners’ time for commencing arbitration should be extended - Arbitration Act, 1950, s. 27.

L.D. SEALS N.V. v. MITSUI OSK LINES LTD. THE “DARYA TARA”

[1997] 1 Lloyd's Rep. 42

Charter-party (Time) - Risk and expense - Construction - Vessel encountered heavy weather - Deck cargo shifted - Vessel put into Brixham to restow relevant items - Whether whole risk and expense of casualty fell on charterer - Whether interim arbitration award in favour of owners should be varied or set aside.

INDIA STEAMSHIP CO. v. LOUIS DREYFUS SUGAR LTD. (THE “INDIAN RELIANCE”)

[1997] 1 Lloyd's Rep. 52

Bill of lading - Freight pre-paid - Construction - Sub-charterers paid freight to time charterers - Time charterers failed to pay hire - Whether “freight prepaid” bills precluded owners from claiming freight from sub-charterers - Whether freight agreed to be paid as stipulated in charter and not to owners.

BAYERISCHE VEREINSBANK AKTIENGESELLSCHAFT v. NATIONAL BANK OF PAKISTAN

[1997] 1 Lloyd's Rep. 59

Banking - Letter of credit - UCP 500 - Letter of credit issued to cover price of cotton to be shipped and sold - Defendants failed to take up documents - Whether plaintiffs provided defendants with statement that documents presented within time limit - Whether weight certificate complied with terms of credit - Whether defendants justified in refusing documents - UCP 500, arts. 14, 44.

CITI-MARCH LTD. AND ANOTHER v. NEPTUNE ORIENT LINES LTD. AND OTHERS

[1997] 1 Lloyd's Rep. 72

Practice - Writ - Service out of jurisdiction - Application to set aside - Exclusive jurisdiction clause in favour of Singapore - Action for loss of goods brought in England - First defendant served out of jurisdiction - Claim time barred in Singapore - Whether service out of jurisdiction should be set aside - R.S.C., O. 11, r. 4(2).

INTERNATIONALE NEDERLANDEN AVIATION LEASE B.V. AND OTHERS v. CIVIL AVIATION AUTHORITY AND THE EUROPEAN ORGANISATION FOR THE SAFETY OF AIR NAVIGATION (“EUROCONTROL”)

[1997] 1 Lloyd's Rep. 80

Practice - Discontinuance - Carriage by air - Detention of aircraft at Bournemouth Airport for non-payment of charges - Plaintiffs brought proceedings for unlawful detention - Plaintiffs brought proceedings in Brussels for breach of Multilateral Agreement relating to Route charges - Plaintiffs applied to discontinue English proceedings - Effect of arts. 21 and 22 - Whether application should be granted - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 21, 22.

CIVIL AVIATION AUTHORITY v. INTERNATIONALE NEDERLANDEN AVIATION LEASE B.V. AND OTHERS AND THE EUROPEAN ORGANISATION FOR THE SAFETY OF AIR NAVIGATION (INTERVENERS)

[1997] 1 Lloyd's Rep. 96

BRITISH SHIPBUILDERS v. VSEL CONSORTIUM PLC

[1997] 1 Lloyd's Rep. 106

Practice - Jurisdiction - Contract - Construction - Agreement for sale of share and loan capital - Provision for reasonable access to accounting records - Dispute as to whether documents relevant to certification - Whether only one reference could be made to expert - Whether Court had jurisdiction to determine dispute.

SARRIO S.A. v. KUWAIT INVESTMENT AUTHORITY

[1997] 1 Lloyd's Rep. 113

Contract - Jurisdiction - Articles 21 and 22 - Plaintiff agreed to sell to defendants its paper business - Plaintiff alleged defendants’ misstatements induced it to enter into contract - Proceedings brought in Spain and England - Issues as to appropriateness of jurisdiction at common law - Whether English actions should be dismissed or stayed under arts. 21 and/or 22 of Brussels Convention - Civil Jurisdiction and Judgments Act, 1982.

THE “HAPPY FELLOW”

[1997] 1 Lloyd's Rep. 130

Admiralty practice - Limitation fund - Stay of action - Collision between plaintiffs’ and defendants’ vessels near the mouth of the Seine - Action brought in France - Plaintiffs purported to constitute limitation fund in England - Whether English action should be stayed - Civil Jurisdiction and Judgments Act, 1982 Schedule, arts. 21 and 22.

ANDRE & CIE S.A. v. ORIENT SHIPPING (ROTTERDAM) B.V. (THE “LACONIAN CONFIDENCE”)

[1997] 1 Lloyd's Rep. 139

Charter-party (Time) - Off-hire - “Other causes” - Interference of authorities - Construction - Vessel delayed by port authority because of presence remaining on board of residue sweepings - Whether vessel “off-hire” by reason of “any other cause” - Whether authority’s reaction was ejusdem generis to named cause of detention by average accident - Whether full working of vessel prevented.

SPECTRA INTERNATIONAL PLC. v. HAYESOAK LTD. DR WAREHOUSING LTD. (THIRD PARTY) AND FRANS MAAS (U.K.) LTD. (FOURTH PARTY)

[1997] 1 Lloyd's Rep. 153

Carriage by road - Limitation of liability - RHA conditions - Sub-bailment - Goods stolen from defendants’ lorry - No contract between plaintiffs and defendants - Whether defendants could rely on RHA conditions against plaintiffs - Whether defendants entitled to limit liability - Correct approach to limitation.

HELLENIC MUTUAL WAR RISKS ASSOCIATION (BERMUDA) LTD. AND GENERAL CONTRACTORS IMPORTING AND SERVICES ENTERPRISES v. HARRISON (The “SAGHEERA”)

[1997] 1 Lloyd's Rep. 160

Practice - Discovery - Privilege - Insurance (Marine) - Vessel blew up in Gulf of Oman - War risks underwriters obtained assignment of owners’ rights against hull and machinery underwriters - Validity and effect of assignment to be tried as a preliminary issue - Discovery to be limited to that issue - Whether plaintiffs could plead legal professional privilege, common interest privilege - Categories of documents for which privilege claimed - Whether allowable.

GUNNS AND ANOTHER v. PAR INSURANCE BROKERS

[1997] 1 Lloyd's Rep. 173

Insurance (Burglary) - Insurance brokers - Non-disclosure - Insurers repudiated claim for burglary - Insurers alleged non-disclosure - Whether insurance brokers liable - Whether plaintiffs in breach of policy condition.

SCHIFFAHRTSGESELLSCHAFT DETLEV VON APPEN G.m.b.H. v. VOEST ALPINE INTERTRADING G.m.b.H. SAME v. WEINER ALLIANZ VERSICHERUNGS A.G. AND VOEST ALPINE INTERTRADING G.m.b.H.

[1997] 1 Lloyd's Rep. 179

Practice - Writ - Service out of jurisdiction - Application to set aside - Damage caused to cargo by fire - Insurers launched proceedings in Brazil - Whether in breach of arbitration clause - Whether claims within R.S.C., O. 11, r. 1(1)(d) - Whether plaintiffs had good arguable case against insurers to enforce arbitration agreement - Whether plaintiffs entitled to anti-suit injunction - Whether service out of jurisdiction should be set aside.

CRÉDIT LYONNAIS v. NEW HAMPSHIRE INSURANCE CO.

[1997] 1 Lloyd's Rep. 191

Insurance (Bankers Blanket Bond) - Choice of law - Worldwide insurance programme - Coverage under policies applied exclusively and expressly in United Kingdom - No choice of law clause - Plaintiffs claimed under policies for alleged fraud - Whether proper law of policies French law and claims therefore time barred.

WILANDER AND NOVACEK v. TOBIN AND JUDE

[1997] 1 Lloyd's Rep. 195

Practice - Application to strike out - Application to amend - Plaintiffs facing disciplinary proceedings on the charge of taking prohibited drugs - Disciplinary proceedings instituted by defendants under r. 53 of the International Tennis Federation - Allegation in statement of claim that r. 53 void as an unreasonable restraint of trade struck out - Whether right to do so - Whether plaintiffs should be permitted to plead that r. 53 contravened arts. 48, 59, 85 and 86 of the European Community Treaty of Rome.

ANGLO IRISH BEEF PROCESSORS INTERNATIONAL v. FEDERATED STEVEDORES GEELONG AND OTHERS

[1997] 1 Lloyd's Rep. 207

Carriage by sea - Limitation of time - Hague Rules - Application to amend - Cargo damaged by fire - Action brought within time for negligence and breach of statutory duty - Limitation period under Hague Rules expired - Application to amend statement of claim to include claim in contract - Whether “suit. . .brought” when action commenced in tort - Whether suit must have been brought against contracting carriers as such - Whether amendments should be allowed - Hague Rules, art. III, r. 6.

PRACTICE DIRECTION

[1997] 1 Lloyd's Rep. 224

MARC RICH & CO. A.G. (now GLENCORE INTERNATIONAL A.G.) AND ANOTHER v. PORTMAN AND OTHERS

[1997] 1 Lloyd's Rep. 225

Insurance (Marine) - Charterers’ liability - Demurrage cover - Non-disclosure - Insured obtained demurrage endorsements for voyages from Kharg Island and Constantza - Whether such cover only applied to risks of delay in loading and unloading - Allegations of non-disclosure of loss experience, adverse port characteristics and irrecoverability from third parties - Whether disclosure obligation waived - Whether terms of charter not “Asba 2 or similar” - Whether underwriters entitled to avoid endorsements.

MURPHY AND ANOTHER v. YOUNG & CO.’S BREWERY PLC AND SUN ALLIANCE AND LONDON INSURANCE PLC

[1997] 1 Lloyd's Rep. 236

Insurance (Legal Expenses) - Indemnity - Costs - Employment claim by plaintiffs against first defendants unsuccessful - Costs awarded against plaintiffs - Plaintiffs unable to pay - Whether costs recoverable from insurers as funders of litigation - Supreme Court Act, 1981, s. 51.

THARROS SHIPPING CO. LTD. AND DEN NORSKE BANK PLC. v. BIAS SHIPPING LTD., BULK SHIPPING A.G. AND BULK OIL A.G. (NO. 3)

[1997] 1 Lloyd's Rep. 246

Practice - Costs - Non-party - Plaintiffs claimed damages for repudiation of charter - Defendants ordered to pay costs on indemnity basis - Plaintiffs unsuccessful in enforcing order - Plaintiffs claimed against P. & I. club - Club not party to litigation - Whether Court should exercise its discretion and order club to pay costs - Supreme Court Act, 1981 s. 51.

MUTUAL REINSURANCE CO. LTD. v. PEAT MARWICK MITCHELL & CO. AND KPMG PEAT MARWICK

[1997] 1 Lloyd's Rep. 253

Negligence - Auditors - “Officers” - Construction - Reinsurance company alleged auditors negligent - Whether “officers” in reinsurance company’s byelaws included company’s auditors - Whether reinsurance company precluded from claiming against auditors.

COLONIA VERSICHERUNG A.G. v. AMOCO OIL CO.

[1997] 1 Lloyd's Rep. 261

Insurance (Marine) - Cargo - Co-assured - Assignee - Damage to cargo - Cargo shipped from defendant’s refinery to ICI - Cargo contaminated - Defendants settled ICI’s claim and cargo insurance assigned to defendants - Whether defendants entitled to claim under policy as assignees - Whether defendant a co-assured.

MAURITIUS OIL REFINERIES LTD. v. STOLT-NIELSEN NEDERLANDS B.V. (THE “STOLT SYDNESS”)

[1997] 1 Lloyd's Rep. 273

Charter-party (Voyage) - Limitation of time - Hague Rules - Construction - Charter incorporated U.S.A. clause paramount - Vessel delayed by engine problems - Charterers bought in substitute cargo - Whether charterers’ claim in respect of cargo carried - Whether claim time barred - Whether English or U.S. law applicable - Whether application for extension of time should be granted.

GALAXY ENERGY INTERNATIONAL LTD. v. NOVOROSSIYSK SHIPPING CO. (THE “PETR SCHMIDT”)

[1997] 1 Lloyd's Rep. 284

Charter-party (Voyage) - Notice of readiness - Validity - Notice tendered outside hours stipulated by charter - Whether notices legal nullities - Whether notice took effect when stipulated hours began so that laytime began then.

LEXMAR CORPORATION AND STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. v. NORDISK SKIBSREDERFORENING AND NORTHERN TANKERS (CYPRUS) LTD.

[1997] 1 Lloyd's Rep. 289

Arbitration - Exclusion - Lugano Convention - Dispute under charter-party - Claim made under letters of undertaking given by first defendants - Proceedings brought in Norway by second defendants to enforce two U.S. arbitration awards - Whether claim under letters of undertaking closely related to arbitration so as to be ancillary to it - Whether claim excluded from operation of the Lugano Convention by art. 1(4) - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 1.4. Practice - Stay of action - Article 22 - Dispute under charter-party - Claim made under letters of undertaking -Exclusive English jurisdiction clause in letters of undertaking - Proceedings brought in Norway by second defendants to enforce two U.S. arbitration awards - Whether art. 17 superseded art. 22 by reason of exclusive jurisdiction clause - Whether English proceedings should be stayed - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 17, 22.

FLETAMENTOS MARITIMOS S.A. v. EFFJOHN INTERNATIONAL B.V. (No. 2)

[1997] 1 Lloyd's Rep. 295

Arbitration - Arbitrators - Procedural mishap - Dispute between parties referred to arbitration - Application for discovery refused - Whether tribunal misunderstood application for discovery - Umpire’s participation in discovery issue - Whether arbitrators and umpire should be removed - Whether decision of tribunal should be set aside.

HAMPTONS RESIDENTIAL LTD. v. FIELD AND OTHERS

[1997] 1 Lloyd's Rep. 302

Insurance (Professional Indemnity) - Indemnity - Notification - Insured obliged to notify insurers of circumstances giving rise to claims and of discovery of employee’s fraud - Estate agents’ employee carried out fraudulent valuations - Estate agents settled claims by lending institutions and claimed under policy - Proper view of notifications - Whether professional indemnity insurers liable.

ERNST & YOUNG v. BUTTE MINING PLC BUTTE MINING PLC v. ERNST & YOUNG AND OTHERS

[1997] 1 Lloyd's Rep. 313

Practice - Limitation of time - Counterclaim - Limitation period for issue of writ expired - Claims time barred - Whether claims could be brought as counterclaims to existing action - Limitation Act, 1980 s. 35.

SEMCO SALVAGE & MARINE PTE. LTD. v. LANCER NAVIGATION CO. LTD. LANCER NAVIGATION CO. LTD. v. SEMCO SALVAGE & MARINE PTE. LTD. (THE “NAGASAKI SPIRIT”)

[1997] 1 Lloyd's Rep. 323

Salvage - Remuneration - Special compensation - Salvage services rendered to vessel - Meaning of “fair rate” - Period for which salvors entitled to special compensation - Whether award should be set aside - Whether award on costs of the arbitration open to challenge - International Salvage Convention, 1989, arts. 13 and 14.

HAYDON AND OTHERS v. LO & LO AND THE WORLD-WIDE MARINE AND FIRE INSURANCE CO. LTD.

[1997] 1 Lloyd's Rep. 336

Insurance (Professional Indemnity) - Construction - “Any one claim” - Solicitors insured by primary and excess insurers - Fraudulent activity by senior clerk - Frauds committed against clients of solicitors - Whether clerk’s frauds gave rise to multiple claims or only one claim - Whether excess insurers liable.

MITSUBISHI HEAVY INDUSTRIES LTD. v. GULF BANK K.S.C.

[1997] 1 Lloyd's Rep. 343

Banking - Counter indemnity - Guarantee and counter indemnity issued for supply of plant to Kuwait - Iraq invaded Kuwait and contract terminated - Bank claimed under counter indemnity - Whether bank entitled to call for deposit - Whether bank entitled to raise rate of commission - Whether bank entitled to charge interest on unpaid deposit - Whether bank entitled to block credit balance funds.

TATE & LYLE INDUSTRIES LTD. v. CIA USINA BULHOES AND CARGILL INC.

[1997] 1 Lloyd's Rep. 355

Practice - Injunction - Jurisdiction - Third party - Dispute as to ownership of cargo - Sellers sold cargo to third party - Buyers obtained ex parte injunction restraining third party from paying buyers - Whether Court had jurisdiction to grant injunction - Whether injunction should be continued.

MANIFEST SHIPPING & CO. LTD. v. UNI-POLARIS INSURANCE CO. LTD. AND LA RÉUNION EUROPÉENE (THE “STAR SEA”)

[1997] 1 Lloyd's Rep. 360

Insurance (Marine) - Unseaworthiness - Utmost good faith - Breach - Fire in vessel’s engineroom - Vessel constructive total loss - Claim under insurance - Whether vessel sent to sea in unseaworthy state with privity of assured - Whether plaintiffs in breach of duty of utmost good faith.

THE “BERGEN”

[1997] 1 Lloyd's Rep. 380

Bill of lading - Jurisdiction clause - Article 17 - Application to set aside - Alleged damage to cargo - Disputes to be decided in Germany - Whether art. 17 applicable - Effect of art. 57 of the Brussels Convention and art. 7 of the Arrest Convention - Whether English Courts had jurisdiction - Whether proceedings should be set aside - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 17, 57 - International Convention for Unification of Certain Rules relating to the Arrest of Sea-going Ships, 1952, art. 7.

CENARGO NAVIGATION LTD. AND MERCHANT FERRIES LTD. v. HARBOUR OF CARLINGFORD LOUGH IMPROVEMENT COMMISSIONERS (THE MERCHANT VENTURE)

[1997] 1 Lloyd's Rep. 388

Negligence - Breach of duty - Damages - Vessel grounded in Carlingford Cut - Commissioners of Carlingford Lough responsible for buoyage in Carlingford Cut - Whether Commissioners exercised proper skill and care in maintaining buoys in appropriate positions - Whether plaintiffs entitled to damages.

CONTINENTAL PACIFIC SHIPPING LTD. v. DEEMAND SHIPPING CO. LTD. (THE “LENDOUDIS EVANGELOS II”)

[1997] 1 Lloyd's Rep. 404

Charter-party (Time) - Wrongful detention - Estimate of length of trip - Vessel chartered for “duration about 70/80 days without guarantee” - Voyage lasted 103 days, 12 hours and 40 minutes - Owners claimed for wrongful detention - Whether estimate made in good faith - Whether estimate a reasonable estimate - Whether charterers liable for wrongful detention.

CHRISMAS v. TAYLOR WOODROW CIVIL ENGINEERING LTD. AND SIR ROBERT McALPINE LTD.

[1997] 1 Lloyd's Rep. 407

Insurance (Marine) - Institute Time Clauses Hulls Port Risks - “Legally liable as owners” - Construction - Platform struck by wave and crane fell into sea - Second defendants incurred expenses in removing wrecked crane - Whether second defendants legally liable as owners - Whether expenses recoverable under policy.

HIB LTD. v. GUARDIAN INSURANCE CO. INC. EAGLE STAR INSURANCE CO. LTD. AND EAGLE STAR REINSURANCE CO. LTD.

[1997] 1 Lloyd's Rep. 412

Reinsurance - Cancellation - Forum non conveniens - Stay of action - Reinsurers gave notice of cancellation - First defendants alleged surplus treaty reinsurance still in existence - Proceedings brought in Virgin Islands - Whether England more appropriate forum - Whether action should be stayed.

BANQUE WORMS v. OWNERS OF THE SHIP OR VESSEL “MAULE” AND ANOTHER (THE “MAULE”)

[1997] 1 Lloyd's Rep. 419

Admiralty practice - Arrest of vessel - Damages for wrongful arrest - Plaintiffs sought to exercise power of sale under mortgage - No instalments outstanding under loan agreement when writ issued - Whether plaintiffs entitled to arrest vessel - Whether plaintiffs required to give notice before exercising power of sale - Whether defendants entitled to damages for wrongful arrest - Whether action should be set aside.

COMDEL COMMODITIES LTD. v. SIPOREX TRADE S.A.

[1997] 1 Lloyd's Rep. 424

Practice - Mareva injunction - Discharge - Buyers failed to open letters of credit complying with contract - Sellers invoked performance bonds - Dispute referred to arbitration - Buyers obtained Mareva injunction - Application to discharge - Whether injunction should be discharged on grounds of delay in prosecuting claim.

MERIDIEN BIAO BANK G.m.b.H. v. BANK OF NEW YORK

[1997] 1 Lloyd's Rep. 437

Banking - Stay of action - Lis alibi pendens - Application to set aside default judgment - Plaintiff’s accounts with defendant payable on demand - Defendant refused to pay - Whether defendant entitled to interpleader relief - Whether defendant could resist payment on ground of set-off.

GLATZER AND WARRICK SHIPPING LTD. v. BRADSTON LTD. TEKEM SEA ABYSS LTD. v. SAME (THE “OCEAN ENTERPRISE”)

[1997] 1 Lloyd's Rep. 449

Sale of ship - Validity - Beneficial owner - Sale of ship to third party - Whether valid transfer of ownership and registry - Ostensible authority - Directors’ powers and duties - Fraud on company - Whether agreement concluded - Meaning of “board meeting” - Issue estoppel - Whether alleged transfer of ownership and registry a sham and made pursuant to and to give effect to fraud on plaintiffs - Whether plaintiffs retained ownership of vessel - Inherent jurisdiction of Court to rectify register of ships. Sale of ship - Ownership - Diving equipment - Whether certain diving equipment on board vessel property of plaintiffs.

SUMITOMO BANK LTD. v. BANQUE BRUXELLES LAMBERT S.A. SANWA BANK LTD. v. SAME ARAB BANK PLC v. SAME

[1997] 1 Lloyd's Rep. 487

Insurance (MIG) - Non-disclosure - Duty of care - Defendants arranged loan facility with plaintiff banks - Loans underwritten by insurance company - Borrowers defaulted on loans - Insurers avoided policies for non-disclosure - Whether defendants under duty to plaintiffs to exercise proper and reasonable care to discharge disclosure obligations - Whether plaintiffs relied on representations made by defendants.

HURLINGHAM ESTATES LTD. v. WILDE & PARTNERS

[1997] 1 Lloyd's Rep. 525

Contract - Breach of duty - Negligence - Defendant solicitors acted for plaintiffs in property transaction - Structure of transaction exposed plaintiffs to tax charge - Whether plaintiffs agreed solicitors’ remit excluded duty to advise on tax - Whether duty on solicitors to advise or warn plaintiffs of tax exposure.

ARAB BUSINESS CONSORTIUM INTERNATIONAL FINANCE AND INVESTMENT CO. v. BANQUE FRANCO-TUNISIENNE

[1997] 1 Lloyd's Rep. 531

Arbitration - Award - Registration - Application to set aside - Plaintiff obtained arbitration award - Award made enforceable as a judgment by French Court - Judgment registered in England - Whether judgment on an award excluded from provisions of Brussels Convention - Whether registration should be set aside - Civil Jurisdiction and Judgments Act, 1982. Arbitration - Award - Enforcement - Application to set aside - Plaintiff obtained arbitration award - Plaintiff sought to enforce award under the Arbitration Act, 1975 - Allegations of non-disclosure - Whether leave to serve out of jurisdiction should be set aside - Whether France more appropriate forum. Practice - Writ - Extension of validity - Application to set aside - Life of writ expired - Whether plaintiff could issue a concurrent writ without extending validity of original writ - Whether defendant could rely on limitation of time defence - Whether orders granting leave to serve out and extending validity of writ should be set aside.

UNION DE REMORQUAGE ET DE SAUVETAGE S.A. v. LAKE AVERY INC. (THE “LAKE AVERY”)

[1997] 1 Lloyd's Rep. 540

Salvage - LOF 95 - Jurisdiction - Articles 21 and 22 - Plaintiffs alleged salvage services rendered pursuant to LOF 95 - Whether proceedings ancillary to arbitration - Defendant brought proceedings in Holland - Whether Court should decline jurisdiction under art. 21 or 22 - Whether action should be stayed on ground of lis alibi pendens or forum non conveniens - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 1.4, 21, 22.

SMIT INTERNATIONAL SINGAPORE PTE. LTD. v. KURNIA DEWI SHIPPING S.A. OCEAN MARINE MUTUAL PROTECTION AND INDEMNITY ASSOCIATION AND OCEAN P. & I. SERVICES LTD. (THE “KURNIA DEWI”)

[1997] 1 Lloyd's Rep. 552

Practice - Writ - Application to set aside - Vessel caught fire and sank at port in Indonesia - Negotiations for removal of wreck with plaintiffs - Plaintiffs mobilized equipment - Contract awarded elsewhere - Plaintiffs claimed costs of mobilization - Whether plaintiffs had good arguable case - Whether claims within R.S.C., O. 11, r. 1(1) - Whether proper case for service out of jurisdiction - Whether order for service out of jurisdiction should be set aside - Whether claim against third defendants doomed to failure.

MAHAVIR MINERALS LTD. v. CHO YANG SHIPPING CO. LTD. (THE “M C PEARL”)

[1997] 1 Lloyd's Rep. 566

Bill of lading - Limitation of time - Foreign exclusive jurisdiction clause - Disputes to be referred to Courts in South Korea - Vessel suffered casualty and salvage service rendered - Plaintiffs disputed rateable proportion of liability for salvage - English writ issued promptly - Claim time barred in South Korea - Whether jurisdiction clause should be enforced - Whether English Courts had jurisdiction.

GLENCORE GRAIN ROTTERDAM B.V. v. LEBANESE ORGANISATION FOR INTERNATIONAL COMMERCE (LORICO)

[1997] 1 Lloyd's Rep. 578

Sale of goods (f.o.b.) - Letter of credit - Non-contractual - Contract for sale of wheat - Payment to be by irrevocable letter of credit - Sellers alleged letter of contract non-contractual in that it contained term that payment to be made against bills of lading marked “freight pre-paid” - Whether sellers justified in failing to load vessel.

FRASER SHIPPING LTD. v. COLTON AND OTHERS

[1997] 1 Lloyd's Rep. 586

Insurance (Marine) - Actual total loss - Non-disclosure - Vessel’s destination changed from Shanghai to Huang Pu - Typhoon Koryn threatening area - Vessel proceeded away from Huang Pu and stranded on Wuzhu Zhou - Whether vessel an actual total loss - Whether defendants estopped from asserting vessel could have been salved - Whether change of voyage endorsement vitiated for non-disclosure - Whether defendants discharged from liability by change of voyage - Whether defendant entered into binding agreement to settle plaintiffs’ claim - Marine Insurance Act, 1906, s. 45.

TOTAL GRAPHICS LTD. v. AGF INSURANCE LTD. AND OTHERS

[1997] 1 Lloyd's Rep. 599

Insurance (Professional Indemnity) - Construction - Insurance brokers - Brokers in breach of duty - Insurance of plaintiffs’ premises avoided - Brokers in liquidation - Whether breaches of duty outside scope of professional indemnity insurance.

TRASIMEX HOLDING S.A. v. ADDAX B.V. (THE “RED SEA”)

[1997] 1 Lloyd's Rep. 610

Sale of goods (c.i.f.) - Contract - Construction - British jet aviation fuel specification - Whether jet fuel within specification - Whether “user” referred to the buyers - Whether sellers in breach of contract.

GRAINS & FOURRAGES S.A. v. HUYTON

[1997] 1 Lloyd's Rep. 628

Sale of goods (c.i.f.) - Fundamental mistake - Certificates of analysis - Sale of cotton extractions and cotton expellers - Certificates of analysis issued - Parties agreed that results transposed - Buyers alleged agreement entered into as a result of fundamental mistake - Whether agreement null and void.

BOREALIS A.B. v. STARGAS LTD. AND OTHERS (THE “BERGE SISAR”)

[1997] 1 Lloyd's Rep. 635

Practice - Joinder - Jurisdiction - Application to set aside - Necessary and proper party to action - Sale of cargo of propane - Dispute as to contractual quality of propane - Buyers claimed against sellers - Buyers obtained leave to join shippers as second defendants and serve concurrent writ out of jurisdiction - Whether shippers necessary and proper party - Whether affidavit defective - Whether case not a proper one for service out of jurisdiction.

BOREALIS A.B. v. STARGAS LTD. AND SAUDI ARABIAN OIL CO.

[1997] 1 Lloyd's Rep. 642

FLETAMENTOS MARITIMOS S.A. v. EFFJOHN INTERNATIONAL B.V. (NO. 2)

[1997] 1 Lloyd's Rep. 644

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