Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

METAL SCRAP TRADE CORPORATION LTD. v. KATE SHIPPING CO. LTD. (THE “GLADYS”)

[1988] 2 Lloyd's Rep. 221

COURT OF APPEAL

Before Lord Justice Fox, Lord Justice Parker and Lord Justice Staughton

Practice - Procedure - Sale of ship - Dispute referred to arbitration - Buyers issued originating summons claiming a declaration that there was no contract and or arbitration agreement - Sellers served counterclaim - Whether counterclaim should be struck out - Whether buyers should serve reply and defence to counterclaim.

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