- Home/Publications/Lloyd's Law Reports Plus
SHANGHAI SHIPYARD CO LTD v REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD
[2022] Lloyd's Rep. Plus 1
Contract - 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.
MANCHESTER CITY FOOTBALL CLUB LTD v THE FOOTBALL ASSOCIATION PREMIER LEAGUE LTD AND OTHERS
[2022] Lloyd's Rep. Plus 2
Arbitration – Confidentiality – Whether judgment affecting arbitration should be published – Jurisdiction of Court of Appeal to hear appeal – Whether judgment should be published – Senior Courts Act 1981, sections 16 and 18(1)(g).
READIE CONSTRUCTION LTD v GEO QUARRIES LTD
[2022] Lloyd's Rep. Plus 3
Sale of goods – Goods not of correct quality – Contract term barring deduction from price – Whether applicable to abatement – Whether seller entitled to recover price – Sale of Goods Act 1979, section 49(2).
ADACTIVE MEDIA INC v INGROUILLE
[2022] Lloyd's Rep. Plus 4
Arbitration – Contract containing arbitration and jurisdiction clauses – Reconciliation – Enforcement of foreign judgment – Civil Jurisdiction and Judgments Act 1982, section 32.
NEWCASTLE UNITED FOOTBALL CO LTD v FOOTBALL ASSOCIATION PREMIER LEAGUE LTD AND OTHERS
[2022] Lloyd's Rep. Plus 5
Arbitration – Application for removal of arbitrator – Apparent bias – Failure to disclose potential conflicts of interest on appointment – Privacy – Arbitration Act 1996, section 24 – CPR 62.10.
SPACE SHIPPING LTD v ST SHIPPING AND TRANSPORT PTE LTD (THE “CV STEALTH”) (NO 4)
[2022] Lloyd's Rep. Plus 6
Arbitration – Vessel subjected to prolonged detention by Venezuelan courts – Owners making series of arbitration claims against charterers – Arbitrator giving charterers credit for US$1.4 million drydocking fees potentially saved by owners – Whether arbitrator erred in law in deducting saved drydocking fees from owners’ claim.
AI GIORGIS OIL TRADING LTD v AG SHIPPING & ENERGY PTE LTD (THE “MARQUESSA”)
[2022] Lloyd's Rep. Plus 7
Charterparty (Time) – Charterers failing to pay hire promptly – Owners treating charterers’ conduct as repudiatory – Owners claiming accrued hire up to termination of charter and for damages for charterers’ breach – Summary judgment – CPR 24.2.
HAMILTON v SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY AND ANOTHER
[2022] Lloyd's Rep. Plus 8
Practice – Enforcement – Writs of control – Enforcement agent taking control of motor vessel and applying for order of sale – Third party asserting ownership of vessel and opposing sale order – High Court dismissing third party’s claim and ordering sale of vessel – Whether High Court had jurisdiction to make order of sale – Whether enforcement agent empowered to sell vessel – Whether vessel statutorily abandoned – Tribunals, Courts and Enforcement Act 2007, schedule 12, paras 40, 53 and 60 – The Taking Control of Goods Regulations 2013, Regulation 9 – Civil Procedure Rules, Part 85.4.
HERCULITO MARITIME LTD AND OTHERS v GUNVOR INTERNATIONAL BV AND OTHERS (THE “POLAR”)
[2022] Lloyd's Rep. Plus 9
General average – Vessel held to ransom by pirates in Gulf of Aden – Shipowners seeking to recover ransom payment from bill of lading holders – Whether charterparty provision for charterers to pay war risk and ransom insurance premiums incorporated into bills of lading – Whether shipowners precluded from recovering contribution from bill of lading holders.
SPLITT CHARTERING APS AND OTHERS v SAGA SHIPHOLDING NORWAY AS AND OTHERS (THE “STEMA BARGE II”)
[2022] Lloyd's Rep. Plus 10
Limitation of liability – Dumb barge alleged to have damaged undersea cable - Whether company operating machinery of barge was “the manager or operator” of the barge – Whether company entitled to limit liability – Convention on Limitation of Liability for Maritime Claims 1976, article 1(2).
KARPIK v CARNIVAL PLC (THE “RUBY PRINCESS”)
[2022] Lloyd's Rep. Plus 11
Contracts (carriage of passengers) – Outbreak of Covid-19 onboard cruise ship – Passengers’ claim in tort and under consumer legislation – Application for stay – Incorporation of terms – Carrier’s terms and conditions – Exclusive jurisdiction clause – Class action waiver clause – Consumer law – Unfair terms –Representative proceedings under Part IVA of the Federal Court of Australia Act 1976 – Australian Consumer Law, sections 18, 29, 60 and 61.
M/V PACIFIC PEARL CO LTD v OSIOS DAVID SHIPPING INC
[2022] Lloyd's Rep. Plus 12
Admiralty – Collision action – Collision jurisdiction agreement – Each shipowner to provide security “in a form reasonably satisfactory to the other” – Whether letter of undertaking containing sanctions clause was in a form “reasonably satisfactory” to the other – Whether implied term of collision jurisdiction agreement that offer of letter of undertaking in “reasonably satisfactory” form had to be accepted.
TREGIDGA v PASMA HOLDINGS PTY LTD
[2022] Lloyd’s Rep. Plus 13
Admiralty – Vessel ownership – Tort – Claim for damages against maritime electrical contractor arising from fire on board vessel – Breach of contract – Statutory guarantee or negligence with regard to the fire – Whether applicants owners of vessel at time of fire – Whether applicants parties to contracts relating to electrical works conducted on the vessel – Whether applicants “consumers” – Whether duty of care in tort owed to applicants by respondent – Whether scope of duty of care owed by respondent extended to taking steps to prevent fire – Whether duty of care affected by terms of contracts – Whether breach of duty of care – Determination of causation – Application dismissed – Australian Consumer Law (schedule 2 to the Competition and Consumer Act 2010 (Cth)), section 60.
EASTERN PACIFIC CHARTERING INC v POLA MARITIME LTD (THE “POLA DEVORA”)
[2022] Lloyd's Rep. Plus 14
Jurisdiction – Scope of charterparty jurisdiction clause – Disputes to which clause applicable – Meaning of “in connection with” – Claim in tort arising out of alleged wrongful arrest – CPR 11.1 and 3.4(2) – Arrest Convention 1952, articles 4, 6, 7 – Brussels Convention 1968, articles 4, 17, 18, 21, 22, 24 – Civil Jurisdiction and Judgments Act 1982, Schedule 1 – Civil Jurisdiction and Judgments Act 1982 (Gibraltar) Order 1997 (SI 1997 No 2602).
PERFECT BEST ASSET MANAGEMENT INC v ADL EXPRESS LTD AND ANOTHER
[2022] Lloyd's Rep. Plus 15
Contracts (bills of lading) – Misdelivery – Delivery without presentation of the bills of lading – Proof of quantum.
NAVIG8 CHEMICALS POOL INC v AETURNUM ENERGY INTERNATIONAL PTE LTD (THE “NAVIG8 AMETRINE”)
[2022] Lloyd's Rep. Plus 16
Charterparty (Time) – Letter of indemnity – Charter containing provision obliging owners to deliver cargo without production of bills of lading against LOI – Charterers requesting discharge of cargo without production of bills of lading – Cargo discharged to receiver nominated by charterers – Whether production of identification of receiver condition precedent to triggering of charterer’s obligations under LOI – Whether charterers in breach of LOI – Whether disponent owners entitled to mandatory injunction and damages.
THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE KINGDOM OF SPAIN THE LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v THE FRENCH STATE (THE “PRESTIGE”) (NOS 3 AND 4)
[2022] Lloyd's Rep. Plus 17
Arbitration – Claims against France and Spain for failure to honour arbitration award and failure to honour enforcement judgment in respect of the award – Whether France and Spain entitled to sovereign immunity – Appointment of an arbitrator – Jurisdiction of the English courts – Whether good arguable case in respect of award claims – Effect of declaratory award – Whether judgment claims governed by insurance jurisdiction rules – Arbitration Act 1996, sections 18 and 66 – State Immunity Act 1978, sections 3 and 9 – Civil Procedure Rules, Practice Direction 6B – Brussels Regulation Recast, European and Council Regulation (EU) No 1215/2012, articles 10 to 14.
NORD NAPHTHA LTD v NEW STREAM TRADING AG
[2022] Lloyd's Rep. Plus 18
Contracts – Interpretation – Sale of ultra-low sulphur diesel – Advance paid – Contract terminated – Claim for return of advance – Force majeure.
BLACK SEA COMMODITIES LTD v LEMARC AGROMOND PTE LTD
[2022] Lloyd's Rep. Plus 19
Arbitration – Jurisdiction of arbitrators – Contract – Arbitration agreement – Sale agreement – Whether arbitration agreement concluded – Whether GAFTA arbitration clause incorporated by custom – Arbitration Act 1996, section 67.
SALT SHIP DESIGN AS v PRYSMIAN POWERLINK SRL
[2022] Lloyd's Rep. Plus 20
Contracts – Ship design – Claimant exclusively appointed to design vessel – Interpretation – Duration of exclusivity – Confidential design documents used by third party to produce alternative design – Tort – Unlawful means conspiracy – Exemplary damages – Trade Secrets (Enforcement, etc) Regulations 2018 (SI 2018 No 597).
TWW YACHTS SARL v THE YACHT “LORETTA” (NO 1)
[2022] Lloyd's Rep. Plus 21
Contracts – Sale of yacht – Variation – Written contract for sale and purchase of yacht varied by later oral meeting.
TWW YACHTS SARL v THE YACHT “LORETTA” (NO 2)
[2022] Lloyd's Rep. Plus 22
Contracts – Sale of yacht – Parties having varied contract with condition that buyer show carriage contract for the transport of the yacht – Beneficial buyer concluding carriage contract – Specific performance ordered – Whether buyer entitled to credit for cost of cancelled carriage contract – MYBA standard terms, clause 41.
TWW YACHTS SARL v THE YACHT “LORETTA” (NO 3)
[2022] Lloyd's Rep. Plus 23
Procedure – Enforcement of judgment – Joinder of non-party – Party’s cooperation required for enforcement – Non-party a beneficial owner and in control of seller of yacht – Federal Court Rules 2011 (Cth), rule 9.05(1)(b)(i).
WARNER v SCAPA FLOW CHARTERS
[2022] Lloyd's Rep. Plus 24
Carriage of passengers – Liability of carrier – Death or personal injury – Defect in ship – Fault or neglect – Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 – Merchant Shipping Act 1995, section 183 – Carriage of Passengers and their Luggage by Sea (Domestic Carriage) Order 1987 (SI 1987 No 670).
ROYAL CARIBBEAN CRUISES LTD AND ANOTHER v REED AND ANOTHER
[2022] Lloyd's Rep. Plus 25
Jurisdiction – Personal injury to tourists on volcano island excursion – Carriage of persons – Application to serve process abroad – Agreement relating to carriage of persons by a ship – Requirement that proceedings be of a kind mentioned in rule 10.42 of the Federal Court Rules 2011 (Cth) is satisfied – Admiralty Act 1988 (Cth), sections 4(1), 4(3)(f) and 9(1) – Federal Court Rules 2011 (Cth), rules 10.42 and 10.43.
ROYAL CARIBBEAN CRUISES LTD AND ANOTHER v REED AND ANOTHER (NO 3)
[2022] Lloyd's Rep. Plus 26
Procedure – Service – Personal injury to tourists on volcano island excursion – Carriage of persons – Service of process abroad – Federal Court Rules 2011 (Cth), rules 10.48 and 10.49.
SODZAWICZNY v MCNALLY
[2022] Lloyd's Rep. Plus 27
Arbitration – Summary enforcement – Equitable remedy – Discretion of court – Arbitration Act 1996, section 66.
ARKLOW SHIPPING UNLIMITED CO AND OTHERS v DROGHEDA PORT CO DAC (THE “ARKLOW VALOUR”)
[2022] Lloyd's Rep. Plus 28
Docks and harbours – Vessel grounding on sandbar at mouth of River Boyne – Sandbar within limits of Drogheda Harbour managed by defendant port company – Whether defendant liable – Whether breach of statutory duty – Whether defendant “occupier” of entrance to harbour – Whether defendant in breach of duty – Whether grounding caused by alleged incorrect advice on part of defendant as to maximum sailing draft – Harbours Act 1996 – Occupiers’ Liability Act 1995.
HOLYHEAD MARINA LTD v FARRER AND OTHERS
[2022] Lloyd's Rep. Plus 29
Limitation of liability – Marina damaged by storm – Owner of marina bringing limitation claim against owners of damaged pleasure craft – Whether marina owner entitled to limit – Whether marine a “dock” – Merchant Shipping Act 1995, section 191.
JDA CO LTD AND OTHERS v AIG INSURANCE NEW ZEALAND LTD AND OTHERS
[2022] Lloyd's Rep. Plus 30
Insurance (marine) – Declaration policy – Definition of “assured” under policy – Effect of assured’s failure to nominate terms of coverage – Estoppel by convention – Effect of failure to make proper declarations of insured subject matter – Breach of warranty.
ROYAL CARIBBEAN CRUISES LTD v BROWITT
[2022] Lloyd's Rep. Plus 31
Procedure – Anti-suit injunction – Proceedings against the first applicant in Florida – Whether in breach of exclusive jurisdiction clause – Whether first applicant a party to or having rights under exclusive jurisdiction clause – Whether second applicant entitled to enforce exclusive jurisdiction clause with respect to proceedings against first applicant – Whether Florida proceedings vexatious and oppressive – Contracts – Whether carrier’s standard terms and conditions incorporated into contract of carriage – Whether signature by customer of travel agent’s terms and conditions providing for bookings on the carrier’s terms and conditions sufficient to incorporate the latter – Whether reasonable notice of carrier’s standard terms and conditions given to the customer – Agency – Whether travel agent an agent for the customer in making the booking – Whether notice of carrier’s standard terms and conditions to travel agent constituting notice to customer – Whether dual agency.
ROBERTSON AND ANOTHER v BEMBRIDGE HARBOUR IMPROVEMENTS CO LTD (THE MY “TANGENT”)
[2022] Lloyd's Rep. Plus 32
Contracts – Yachts – Yacht sinking in marina – Cause of sinking – Liability of marina owner – Quantum of loss.
RIVER COUNTESS BV AND OTHERS v MSC CRUISE MANAGEMENT (UK) LTD
[2022] Lloyd's Rep. Plus 33
Collision – Cruise ships – Applicable law – Responsibility agreed – Recoverability of non-physical losses under Italian law.
CSBP LTD v BBC CHARTERING CARRIERS GMBH & CO KG
[2022] Lloyd's Rep. Plus 34
Contracts (bill of lading) – Breach – Faulty cranes onboard ship – Extended discharge leading to additional costs – Prima facie case – Service of documents upon defendant in Germany – Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965.
ANL SINGAPORE PTE LTD v VISY PAPER PTY LTD
[2022] Lloyd's Rep. Plus 35
Procedure – Container demurrage – Service out of the jurisdiction – Whether prima facie case for relief against defendants to be served in the Marshall Islands and Hong Kong – Service in accordance with the laws of the Marshall Islands – Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters – Federal Court Rules 2011 (Cth), rule 10.43.
FALCON TRIDENT SHIPPING LTD v LEVANT SHIPPING LTD
[2022] Lloyd's Rep. Plus 36
Procedure – Costs – Pre-action settlement offer – Fees incurred in investigating and securing a claim in another jurisdiction – CPR Part 36.
TECNOMAR & ASSOCIATES PTE LTD v SBM OFFSHORE NV
[2022] Lloyd's Rep. Plus 37
Civil procedure – Service out of jurisdiction – Full and frank disclosure – Party applying for service out failing to disclose circumstances relevant to putative defendant’s case – Setting aside – Costs – Indemnity costs.
HAPPY SHIPPING LTD (OWNERS OF THE M/V “HAPPY LUCKY”) v MARINE SHIPPING COMPANY LTD (OWNERS OF THE M/V “FESCO VOYAGER”)
[2022] Lloyd's Rep. Plus 38
Anti-suit injunction – Collision – Whether collision agreement providing for English jurisdiction reached in negotiations following collision.
THE “OCEAN WINNER” AND OTHER MATTERS
[2022] Lloyd's Rep. Plus 39
Admiralty – Insolvency – Practice and procedure of action in rem – Writ in rem – Statutory lien – Companies – Schemes of arrangement – Striking out – Setting aside.
ENEMALTA PLC v THE STANDARD CLUB ASIA LTD (THE “DI MATTEO”)
[2022] Lloyd's Rep. Plus 40
Jurisdiction – P&I Club letter of undertaking – Exclusive English jurisdiction clause – Effect of limitation proceedings in Singapore on letter of undertaking.
OWNERS AND UNDERWRITERS OF THE MV “MSC SUSANNA” AND ANOTHER v TRANSNET (SOC) LTD AND ANOTHER (THE “MSC SUSANNA”)
[2022] Lloyd's Rep. Plus 41
Admiralty – Collision – Limitation of liability – Right of owner of merchant vessel to limit liability against claim by defence force – Merchant Shipping Act 1951 (South Africa), sections 3 and 261.
MALAYAN BANKING BERHAD v PROCEEDS OF THE SALE OF THE SHIP “TERAS BANDICOOT”
[2022] Lloyd's Rep. Plus 42
Admiralty – Ship sale – Proceeds of sale – Application for default or summary judgment against proceeds – Orders for the judicial sale of the vessel made in related proceedings – Court holding proceeds of sale pending determination of priorities – Whether but for the judicial sale of the vessel the plaintiff could have commenced an action in rem – Whether plaintiff’s claim for repayment and interest under ship’s mortgage a proprietary maritime claim – Whether summary judgment or default judgment the appropriate mechanism in circumstances where owner of vessel has not filed an appearance and has evinced no intention to participate in or defend proceedings.
MALAYAN BANKING BERHAD v PROCEEDS OF THE SALE OF THE SHIP “LAUREN HANSEN”
[2022] Lloyd's Rep. Plus 43
Admiralty – Ship sale – Proceeds of sale – Application for default or summary judgment against proceeds – Orders for the judicial sale of the vessel made in related proceedings – Court holding proceeds of sale pending determination of priorities – Whether but for the judicial sale of the vessel the plaintiff could have commenced an action in rem – Whether plaintiff's claim for repayment and interest under ship’s mortgage a proprietary maritime claim – Whether summary judgment or default judgment the appropriate mechanism in circumstances where owner of vessel has not filed an appearance and has evinced no intention to participate in or defend proceedings.
THE “NAVIOS KOYO”
[2022] Lloyd's Rep. Plus 44
Arbitration – Stay of court proceedings – Whether stay should be made conditional upon defendant waiving time-bar defence.
THE “BIG FISH”
[2022] Lloyd's Rep. Plus 45
Admiralty – Procedure – Action in rem – Conflict of laws – Forum election – Lis alibi pendens – Striking out – Duty of disclosure.
ZHD v SQO
[2022] Lloyd's Rep. Plus 46
Arbitration – Anti-suit injunction – Incorporation of arbitration clause into bill of lading – Order restraining defendant from continuing foreign proceedings and requiring action to have the proceedings stayed – Permission to serve outside the jurisdiction – Alternative service – Senior Courts Act 1981, section 37 – CPR 6.15, 6.27, 6.37, 62.5 and PD6B.
SINOPEC INTERNATIONAL (SINGAPORE) PTE LTD v BANK OF COMMUNICATIONS CO LTD
[2022] Lloyd's Rep. Plus 47
Conflict of laws – Jurisdiction – Service – Stay – Forum non conveniens – Natural forum.
PUSAN NEWPORT CO LTD v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIPS OR VESSELS “MILANO BRIDGE” AND “CMA CGM MUSCA” AND “CMA CGM HYDRA”
[2022] Lloyd's Rep. Plus 48
Admiralty – Procedure – Forum non conveniens – Clearly or distinctly more appropriate forum – Legitimate personal or juridical advantage – Tonnage limitation.
MONJASA LTD AND ANOTHER v THE VESSEL “ASTORIA” AND ANOTHER
[2022] Lloyd's Rep. Plus 49
Admiralty – Successful party – Costs.
OWNERS OF “KEN BREEZE” v OWNERS OF “PACIFIC GRACE” AND OTHERS
[2022] Lloyd's Rep. Plus 50
Admiralty – Costs – Collision – Application for stay – Negotiations of security for alternative proceedings delaying stay decision.
MATTHEW AND OTHERS v SEDMAN AND OTHERS
[2022] Lloyd's Rep. Plus 51
Limitation of actions – Accrual of cause of action – Whether first day on which a claim could be made was included in the limitation period – Limitation Act 1980, sections 2, 5 and 21.
NAVIG8 CHEMICALS POOL INC v AETURNUM ENERGY INTERNATIONAL PTE LTD (THE “NAVIG8 AMETRINE”)
[2022] Lloyd's Rep. Plus 52
Practice – Costs – Whether to be assessed on standard or indemnity basis – Interest – Judgment sum awarded in US dollars – Whether interest to be awarded on basis of US Prime Rate or US dollar LIBOR.
LLC AGRONEFTEPRODUKT v AMEROPA AG
[2022] Lloyd's Rep. Plus 53
Arbitration – Jurisdiction – Validity of notice of arbitration – Rectification – Estoppel – Arbitration Act 1996, sections 14(4) and 67.
CHELLURI v AIR INDIA LTD
[2022] Lloyd's Rep. Plus 54
Aviation – Compensation for delayed flight – Booking for US to India using four flights – Whether compensation payable for delay in the UK –European Parliament and Council Regulation (EC) No 261/2004.
SAS INSTITUTE INC v WORLD PROGRAMMING LTD
[2022] Lloyd's Rep. Plus 55
Anti-suit injunction – Anti-enforcement injunction – Enforcement of judgments – Exorbitant enforcement orders – Comity – Location of debts.
NAUTICAL CHALLENGE LTD v EVERGREEN MARINE (UK) LTD (THE “ALEXANDRA 1” AND “EVER SMART”)
[2022] Lloyd's Rep. Plus 56
Collision – Crossing vessels – Collision between inbound and outbound vessels in pilot boarding area just outside narrow channel to Port of Jebel Ali – Narrow channel rule – Duty of stand-on vessel – Apportionment of liability – International Regulations for Preventing Collisions at Sea 1972, rules 9, 15 and 17.
ROYAL CARIBBEAN CRUISES LTD v RAWLINGS
[2022] Lloyd's Rep. Plus 57
Tort – Trespass to the person – False imprisonment – Cruise passenger detained onboard after allegation of sexual assault – Whether detention justified.
THE DEPOSIT GUARANTEE FUND FOR INDIVIDUALS v BANK FRICK & CO AG AND ANOTHER
[2022] Lloyd's Rep. Plus 58
Arbitration – Stay of proceedings – Alternative applications for stay and for summary judgment – Whether summary judgment application was a step in the proceedings – Arbitration Act 1996, section 9.
TENKE FUNGURUME MINING SA v KATANGA CONTRACTING SERVICES SAS
[2022] Lloyd's Rep. Plus 59
Arbitration – Serious irregularity – Refusal of tribunal to allow site inspection – Refusal of tribunal to adjourn for illness of leading counsel – Award of litigation funding costs – Award of compound interest – Arbitration Act 1996, sections 33, 49, 59, 61 and 68.
CLQ v CLR
[2022] Lloyd's Rep. Plus 60
Arbitration – Jurisdiction – Judicial proceedings commenced despite existence of arbitration clause – Nature of appeal hearing – Whether arbitration clause repudiated.
SHARP CORPORATION LTD v VITERRA BV (PREVIOUSLY KNOWN AS GLENCORE AGRICULTURE BV)
[2022] Lloyd's Rep. Plus 61
Sale of goods (c&f) – Contracts for sale of pulses – Buyer failing to make payment – Seller reselling goods and claiming damages for default – Assessment of market value of goods on date of default – GAFTA default clause – GAFTA 24.
PUSAN NEWPORT CO LTD v THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIPS OR VESSELS “MILANO BRIDGE” AND “CMA CGM MUSCA” AND “CMA CGM HYDRA”
[2022] Lloyd's Rep. Plus 62
Conflict of laws – Forum non conveniens – Allision between vessel and berth at South Korean maritime terminal – Terminal operator bringing Admiralty Action against sister ship in Hong Kong – Vessel owners bringing cross action and limitation proceedings in South Korea – Whether Hong Kong action should be stayed – Relevance of forum shopping.
AKULININA AND ANOTHER v IFLY SA
[2022] Lloyd's Rep. Plus 63
Aviation – Jurisdiction – Fatal air crash – Montreal Convention 1999, article 33.
MINISTER OF FINANCE (INCORPORATED) AND ANOTHER v INTERNATIONAL PETROLEUM INVESTMENT CO AND ANOTHER
[2022] Lloyd's Rep. Plus 64
Arbitration – Serious irregularity – Consent award allegedly obtained by fraud – Extension of time for appeal - Arbitration Act 1996, sections 1(a), 51(2), 68(2)(g), 70(3) and 80(5).
NWA AND ANOTHER v NVF AND OTHERS
[2022] Lloyd's Rep. Plus 65
Arbitration – Jurisdiction – Tiered arbitration clause – Challenge to decision of arbitrator – Whether jurisdiction or admissibility – Arbitration Act 1996, sections 30, 67 and 82.
BP OIL INTERNATIONAL LTD v GLENCORE ENERGY UK LTD
[2022] Lloyd's Rep. Plus 66
Contracts – Sale of goods – Cargo of allegedly contaminated crude oil – Negotiations – Offer – Acceptance – Counter offer – ‘Subject to” – “Last shot” doctrine – Whether contract concluded for shipment of cargo of crude oil – Terms of contract – Certificates of quality and quantity – Use of other evidence as to quality of cargo – Measure of loss – Sale of Goods Act 1979, section 53.
MAERSK A/S v MERCURIA ENERGY TRADING SA
[2022] Lloyd's Rep. Plus 67
Practice – Anti-suit injunction – Contracts of carriage containing exclusive English jurisdiction clause and one-year time bar – Cargo owners bringing proceedings in Turkey against carrier and others – Carrier applying for anti-suit injunction – Whether injunction should be refused on grounds of delay or of prejudice to cargo owners by reason of time-bar – Whether court should impose conditions – Senior Courts Act 1981, section 37.
SK SHIPPING EUROPE PLC v CAPITAL VLCC 3 CORP AND ANOTHER (THE “C CHALLENGER”)
[2022] Lloyd's Rep. Plus 68
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 guarantor liable.
MUR SHIPPING BV v RTI LTD
[2022] Lloyd's Rep. Plus 69
Contracts (contract of affreightment) – Force majeure – Sanctions against parent company of charterer – Contract of affreightment specifying payment in dollars – Charterer requesting to pay in euros – Reasonable endeavours – Substitution of local currency for contractual currency – Arbitration – Appeal under section 69 of the Arbitration Act 1996.
OCM MARITIME NILE LLC AND ANOTHER v COURAGE SHIPPING CO AND OTHERS (THE “COURAGE” AND THE “AMETHYST”)
[2022] Lloyd’s Rep. Plus 70
Charterparty (demise) – Effect of sanctions – Registered owner seeking possession of vessels – Construction of charterparty terms – Entitlement to buy vessel at end of charterparty period – Penalty clauses – Primary and secondary obligations – Relief from forfeiture – Conduct – Barecon 2001.
DUCAT MARITIME LTD v LAVENDER SHIPMANAGEMENT INC (THE “MAJESTY”)
[2022] Lloyd's Rep. Plus 71
Arbitration – Serious irregularity – Arbitrator miscalculating award sum – Arbitrator rejecting application to correct award – General duty of tribunal – Substantial injustice – Small Claims Procedure – Arbitration Act 1996, sections 33, 57 and 68.
MSC MEDITERRANEAN SHIPPING CO SA v STOLT TANK CONTAINERS BV AND OTHERS (THE “MSC FLAMINIA”)
[2022] Lloyd's Rep. Plus 72
Arbitration – Issue estoppel – Arbitration tribunal finding no negligence with limitation claimant – Whether open to limitation defendant to argue that limitation claimant acted recklessly – Arbitration award establishing issue estoppel – Limitation of liability – Defence under article 4 – Anti-suit injunction – Limitation claimant seeking anti-suit injunction against defendant defending limitation claim – Limitation defendant having established claim – Enforcement not yet in progress – Convention on the Limitation of Liability for Maritime Claims 1976, articles 2, 4.
SPC AVIATION LTD v AIR LINK ONE LTD
[2022] Lloyd's Rep. Plus 73
Aviation – Meaning of demise charter.
PUBLIC JOINT STOCK COMPANY (“ROSGOSSTRAKH”) v STARR SYNDICATE LTD AND OTHERS
[2022] Lloyd's Rep. Plus 74
Foreign judgment – Recognition and enforcement – Summary judgment application – Defences based on want of jurisdiction and bias – Whether there was a real prospect that defences were available.
UNIÓN FENOSA GAS SA v ARAB REPUBLIC OF EGYPT
[2022] Lloyd's Rep. Plus 75
Arbitration – Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) – Enforcement and recognition of ICSID awards – Procedure for registration in England – Whether service of claim form required – CPR 6, 62.21 and 74.
PHILIPP v BARCLAYS BANK UK PLC
[2022] Lloyd's Rep. Plus 76
Banking – Bank’s duty of care – Customer defrauded into making payments out of her account – Whether bank in breach of duty by obeying instructions without investigation.
UNICREDIT BANK AG v EURONAV NV
[2022] Lloyd's Rep. Plus 77
Carriage (bills of lading) – Status of bill of lading in hands of original shipper – Delivery without production of the bill of lading – Bill of lading issued by shipowner – Charterparty novated – Whether bill of lading evidencing a contract of carriage – Whether owners’ obligation contained in charterparty or bill of lading – Liability – Quantum.
WILFORCE LLC AND ANOTHER v RATU SHIPPING CO SA AND ANOTHER (THE “WILFORCE” AND THE MV “WESTERN MOSCOW”)
[2022] Lloyd's Rep. Plus 78
Admiralty – Collision – Application of collision rules in designated precautionary area – Traffic Separation Scheme – Crossing rule – Stand-on vessel having created the dangerous situation – International Regulations for Preventing Collisions at Sea 1972
OVERSEA-CHINESE BANKING CORPORATION LTD v OWNER AND/OR DEMISE CHARTERER OF THE VESSEL “STI ORCHARD” WINSON OIL TRADING PTE LTD (INTERVENING)
[2022] Lloyd’s Rep. Plus 79
Contract (bills of lading) – Breach – Misdelivery – Delivery of cargo without production of the bill of lading – Rights of suit of bank holding bills of lading – Lawful holder – Possession in good faith – Consent to discharge without production of bill of lading.
PIRAEUS BANK AE v ANTARES UNDERWRITING LTD AND OTHERS
[2022] Lloyd's Rep. Plus 80
Insurance (marine) – Mortgagees’ interest insurance (MMI) – Vessel detained in Venezuela on suspicion of smuggling oil – Claim under war risks policy rejected – Whether MMI insurers were liable – Whether detention excluded from war risks policy – Whether vessel was a constructive total loss – Marine Insurance Act 1906, section 60 – Effect on MMI policy of excluded loss under war risks policy.
UNION OF INDIA v RELIANCE INDUSTRIES LTD AND ANOTHER
[2022] Lloyd's Rep. Plus 81
Arbitration – Res judicata and abuse of process – Whether principle applied to different stages of an arbitration – Serious irregularity – Error of law – Arbitration Act 1996, sections 68 and 69.
LIFESTYLE EQUITIES CV AND ANOTHER v HORNBY STREET (MCR) LTD AND OTHERS
[2022] Lloyd's Rep. Plus 82
Arbitration – Stay of proceedings – Claim brought by assignees of a trademark – Assignor waiving rights to enforcement under earlier agreement containing arbitration clause – Whether assignee was party to the arbitration agreement – Law applicable to determine whether assignee was bound by arbitration agreement – Arbitration Act 1996, section 9.
ING BANK NV, SINGAPORE BRANCH v THE DEMISE CHARTERER OF THE SHIP OR VESSEL “NAVIG8 AMETRINE
[2022] Lloyd's Rep. Plus 83
Contracts (bills of lading) – Delivery of cargo against presentation of bills of lading – Lawful holder of bills of lading – Bank mistakenly endorsing bills to third party.
DHL PROJECT & CHARTERING LTD v GEMINI OCEAN SHIPPING CO LTD (THE “NEWCASTLE EXPRESS”)
[2022] Lloyd's Rep. Plus 84
Arbitration – Jurisdiction – Recap email setting out agreed terms of charterparty but stated to be subject to shipper’s approval – Agreed terms including London arbitration clause – Shippers not approving vessel – Whether arbitration agreement concluded – Separability doctrine – Arbitration Act 1996, sections 7 and 67.
LIVIAN GMBH v ELEKTA LTD AND ANOTHER
[2022] Lloyd's Rep. Plus 85
Arbitration – Serious irregularity – Tribunal not referring to evidence of witness – Substantial injustice – Arbitration Act 1996, section 68.
GOL LINHAS AEREAS SA v MATLINPATTERSON GLOBAL OPPORTUNITIES PARTNERS (CAYMAN) II LP AND OTHERS
[2022] Lloyd's Rep. Plus 86
Arbitration – Jurisdiction – Enforcement of award – Issue estoppel – Departure from legal arguments put to the tribunal – Whether defendants unable to present their case – Public policy – Whether tribunal exceeded scope of reference to arbitration – New York Convention.
LES AMBASSADEURS CLUB LTD v ALBLUEWI
[2022] Lloyd's Rep. Plus 87
Worldwide freezing order – Real risk of dissipation of assets – Material non-disclosure on without notice application.
CIVIL AVIATION AUTHORITY v RYANAIR DAC
[2022] Lloyd's Rep. Plus 88
Aviation – Compensation for cancelled flight – Strike – Whether strike constituted “extraordinary circumstances” –Regulation (EC) No 261/2004.
FS CAIRO (NILE PLAZA) LLC v BROWNLIE
[2022] Lloyd's Rep. Plus 89
Conflict of laws – Accident in Egypt – Whether the English court had jurisdiction to hear the claim – Whether it was necessary to prove the content of Egyptian law.
SELEVISION SAUDI CO v BEIN MEDIA GROUP LLC
[2022] Lloyd's Rep. Plus 90
Arbitration – Enforcement of award – Arbitration claim form served on award debtor – Whether award debtor had right to bring counterclaim and join a third party in the enforcement proceedings – Arbitration Act 1996, sections 101 and 103 – Civil Procedure Rules, Parts 8 and 62.
M/V PACIFIC PEARL CO LTD v OSIOS DAVID SHIPPING INC
[2022] Lloyd's Rep. Plus 91
Collision – Security – Letters of undertaking – Collision jurisdiction agreement (ASG 2) – Reasonably satisfactory form of letter of undertaking – Sanctions clause – Offeree’s obligation to accept security – Construction of contract – Implication of terms.
KNAPFIELD v CARS HOLDINGS LTD AND OTHERS
[2022] Lloyd's Rep. Plus 92
Carriage of goods (road) – Limitation of liability – Consignment note – Wilful misconduct – Carriage of Goods by Road Act 1965 – Convention on the Contract for the International Carriage of Goods by Road 1956, articles 24, 26 and 29.
NKD MARITIME LTD v BART MARITIME (NO 2) INC (THE “SHAGANG GIANT”)
[2022] Lloyd’s Rep. Plus 93
Contracts (ship sale) – Sale of vessel for scrapping – Covid-19 lockdown – Lockdown measures imposed by government – Inner anchorage inaccessible – Vessel giving notice of arrival at outer anchorage and instructed to wait where convenient – Termination of agreement – Whether termination valid – Vessel delivery – Meaning of “transfer of title” – Force majeure – Whether lockdown measures constituting restraints of government – Inability to perform – Indian Shipbreaking Code (Revised) 2013.
SEA MASTER SPECIAL MARITIME ENTERPRISE AND ANOTHER v ARAB BANK (SWITZERLAND) LTD
[2022] Lloyd’s Rep. Plus 94
Arbitration – Bills of lading – Claims “arising out of or in connection with” bill of lading – Issue estoppel – Estoppel by convention – Arbitration Act 1996, section 67.
LONDON STEAM-SHIP OWNERS’ MUTUAL INSURANCE ASSOCIATION LTD v KINGDOM OF SPAIN
[2022] Lloyd's Rep. Plus 95
Arbitration – Judgment entered in terms of arbitration award – Application to enforce later Spanish judgment in England – Whether earlier judgment prevented enforcement in England – Arbitration Act 1996, section 66 –Council Regulation (EC) No 44/2001 (Brussels I Regulation), articles 1, 27, 33 and 34.
PBO v DONPRO AND OTHERS
[2022] Lloyd's Rep. Plus 96
Arbitration – Appeal against award – Whether Appeal Board decided case on grounds not raised by the parties’ cases – Validity of exercise of discretion to refuse amendments – Serious irregularity – Substantial injustice – Arbitration Act 1996, sections 33 and 68.
REPUBLIC OF SIERRA LEONE v SL MINING LTD
[2022] Lloyd's Rep. Plus 97
Arbitration – Jurisdiction and admissibility – Tiered dispute resolution clause – Whether decision of tribunal to hear claim was excess of jurisdiction – Arbitration Act 1996, sections 30 and 67.
KEI v HUA SHE ASSET MANAGEMENT (SHANGHAI) CO LTD
[2022] Lloyd's Rep. Plus 98
Arbitration – Enforcement of award – Notice of arbitration proceedings – Whether applicant otherwise unable to present his case – Issue estoppel – Abuse of process – New York Convention – Arbitration Act 1996, section 103.
EASTERN PACIFIC CHARTERING INC v POLA MARITIME LTD (THE “DIVINEGATE”)
[2022] Lloyd's Rep. Plus 99
Charterparty (trip time) – Performance warranty – Good weather method – Slow steaming – Hull fouling – Wrongful arrest – Information forming the basis of arrest – NYPE 1946.
CM P-MAX III LTD v PETROLEOS DEL NORTE SA (THE MT “STENA PRIMORSK”)
[2022] Lloyd’s Rep. Plus 100
Charterparty (voyage) – Demurrage – Safety decisions by master – Under keel clearance policy – Vessel leaving berth without discharging due to safety concerns about under keel clearance – Notice of readiness – Free pratique.
UK P&I CLUB NV AND ANOTHER v REPUBLICA BOLIVARIANA DE VENEZUELA (THE “RCGS RESOLUTE”)
[2022] Lloyd's Rep. Plus 101
Arbitration – Anti-suit injunction – Direct action against insurers by third-party state – Whether third-party state bound by arbitration clause – Whether anti-suit injunction could be granted against a state – State Immunity Act 1978, sections 1, 9 and 13 – European Convention on Human Rights, article 6.
PJSC NATIONAL BANK TRUST AND ANOTHER v MINTS AND OTHERS
[2022] Lloyd’s Rep. Plus 102
Arbitration – Effect of arbitration award on third parties – Privity principle – Issue estoppel – Abuse of process – Arbitration Act 1996, sections 58 and 82.
SOLEYMANI v NIFTY GATEWAY LLC
[2022] Lloyd's Rep. Plus 103
Arbitration – Stay of proceedings – Consumer arbitration – Arbitration clause governed by New York law with New York seat – Jurisdiction – Arbitration Act 1996, sections 9 and 89 – Civil Jurisdiction and Judgments Act 1982, sections 15A to 15E – Consumer Rights Act 2015, section 62 and schedule 2.
C v D
[2022] Lloyd’s Rep. Plus 104
Arbitration – Jurisdiction and admissibility – Challenge to award holding that pre-arbitration procedures had been satisfied – Whether ruling subject to appeal.
ARC-EN-CIEL PRODUCE INC v THE SHIP “BF LETICIA”
[2022] Lloyd’s Rep. Plus 105
InsuranceContracts (bill of lading) – Whether shipping documents amounted to a bill of lading – Sea waybills – Meaning of contract for the carriage of goods by water – Effect of lack of signature – Carriage of Goods by Water Act – Hague-Visby Rules.
OCM MARITIME NILE LLC AND ANOTHER v COURAGE SHIPPING CO AND OTHERS (THE “COURAGE” AND THE “AMETHYST”)
[2022] Lloyd’s Rep. Plus 106
Charterparty (demise) – Effect of sanctions – Registered owner seeking possession of vessels – Construction of charterparty terms – Entitlement to buy vessel at end of charterparty period – Relief from forfeiture – Risk of becoming subject to sanctions regime – Barecon 2001.
PT ADIDAYA ENERGY MANDIRI v MS FIRST CAPITAL INSURANCE LTD
[2022] Lloyd's Rep. Plus 107
Insurance (marine) – Constructive total loss – Breach of warranty – Breach of claims condition – Notice of abandonment – Suing and labouring costs – Marine Insurance Act 1906, sections 62 and 78 – Insurance Act 2015, sections 10 and 11.
QUADRA COMMODITIES SA v XL INSURANCE COMPANY SE AND OTHERS
[2022] Lloyd’s Rep. Plus 108
Insurance (marine) – Cargo claim – Insurable interest – Whether subject matter was lost – Measure of indemnity – Suing and labouring – Late payment – Marine Insurance Act 1906, sections 5 and 67 – Insurance Act 2015, section 13A – Sale of Goods Act 1979, sections 16, 20A and 61.
SOLEYMANI v NIFTY GATEWAY LLC COMPETITION AND MARKETS AUTHORITY (INTERVENING)
[2022] Lloyd’s Rep. Plus 109
Arbitration – Stay of proceedings – Consumer arbitration – Arbitration clause governed by New York law with New York seat – Jurisdiction – Arbitration Act 1996, sections 9 and 89 – Civil Jurisdiction and Judgments Act 1982, sections 15A to 15E – Consumer Rights Act 2015, sections 62, 74 and schedule 2.
QBE EUROPE SA/NV AND ANOTHER v GENERALI ESPANA DE SEGUROS Y REASEGUROS
[2022] Lloyd's Rep. Plus 110
Arbitration – Anti-suit injunction – Foreign proceedings in breach of arbitration clause – Nature of legislation conferring right of action – Senior Courts Act 1981, section 37.
AITEO EASTERN E&P CO LTD v SHELL WESTERN SUPPLY AND TRADING LTD
[2022] Lloyd’s Rep. Plus 111
Arbitration – Jurisdiction – Optional arbitration clause – Whether option to arbitrate had been exercised – Effect of exercise of option – Arbitration Act 1996, section 67.