Reported Cases
Court of Appeal grants permission to appeal to the Supreme Court in ground-breaking mesothelioma reinsurance case
Equitas Insurance Ltd v. Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 On 17 April 2019, the Court of Appeal handed down its long-anticipated judgment in Equitas v MMI, the latest in a series of ground-breaking appellate judgments concerned with the treatment of mesothelioma claims against employers, employer’s liability (EL) insurers and (now) excess of […]
May 20, 2019
Songa Winds v Navig8 v Glencore
Alistair Schaff QC and Jocelin Gale acted for the successful claimant owners in this matter concerning maritime letters of indemnity. The ultimate respondent and sub-charterer of the vessel, Glencore Agriculture BV, had requested that discharge of the relevant cargo be effected to its immediate buyer, Aavanti Industries Pte Ltd, and issued letters of indemnity against […]
March 2, 2018
Atlasnavios v Navigators Insurance (the “B Atlantic”)
[2016] EWCA Civ 808 On 13 August 2007, shortly after completion of loading of a cargo of coal in Lake Maracaibo, Venezuela for discharge in Italy, an underwater inspection by divers discovered three bags of cocaine weighing 132 kg strapped to the hull of the “B Atlantic”. Although neither owners nor crew were complicit in […]
August 1, 2016
Involnert Management v Aprilgrange limited and AIS Insurance and OAMPS Special Risks – MV Galatea.
The Commercial Court has just upheld a successful avoidance defence by London market marine insurers (represented by Alistair Schaff Q.C.) in a case in which a super yacht (the Galatea) was badly damaged by fire while berthed at a marina. The Galatea had been over-insured for an agreed value of 13m euros in circumstances where […]
August 10, 2015
Atlasnavios v Navigators Insurance
Mr Justice Flaux has given judgment in the “B Atlantic”, a war risk insurance case in which the vessel was detained and ultimately confiscated by order of the Venezuelan courts as a result of 130kg of cocaine being strapped to its hull by persons unknown. Neither the owners nor (despite the conviction of the master […]
December 8, 2014
Clarks v In Focus Asset Management
Alistair Schaff QC successfully appeared for a financial services firm and its insurers in this very important decision. The case concerned the FOS (Financial Ombudsman Service) jurisdiction and the effect of complainants who accepted a FOS determination in their favour up to the maximum enforceable limit awardable by FOS ( then £100,000; now £150,000) and […]
February 14, 2014
Standard Life Assurance Limited -v- Ace European Group and others
[2012] Lloyd’s Rep. IR 655 £100m claim under a professional indemnity policy.
February 1, 2012
Orient-Express Hotels Limited -v- Assicurazioni Generali SPA t/a Generali Global Risk
[2010] Lloyd’s Rep. IR 531 Simon Picken Q.C. and Sushma Ananda represented insurers in a three-week business interruption arbitration involving the impact of Hurricanes Katrina and Rita on the New Orleans luxury hotel industry. The decision has been the subject of a section 69 appeal to the High Court, and is now on appeal to […]
May 17, 2010
“Pasha Bulker”
Dominic Kendrick Q.C., Alistair Schaff Q.C., Stephen Hofmeyr Q.C. and Benjamin Parker – Charterparty dispute in excess of US$100 million arising out of the grounding of the bulk carrier “PASHA BULKER” in Australia.
March 17, 2010
Oceanbulk Shipping and Trading SA -v- TMT Asia Ltd and others
[2010] 3 All ER 282; [2010] 2 All ER (Comm) 176; [2009] 2 All ER (Comm) 1021; [2009] 1 WLR 2416; [2009] 2 All ER (Comm) 1021 Alistair Schaff QC – Evidence – Without prejudice negotiations – Scope of without prejudice rule – Construction of terms of settlement agreement – Whether evidence of without prejudice […]
February 15, 2010
Dunlop Haywards (DHL) Ltd And Others v Barbon Insurance Group Ltd And Others Lockton Companies International Ltd (Third Party)
[2010] 1 Lloyd’s Rep. IR 149, [2009] Lloyd’s Rep. IR 464; [2008] Lloyd’s Rep. IR 676 Alistair Schaff Q.C. led Michael Holmes; Adam Fenton Q.C. and Julia Dias Q.C.; and Sioban Healy. A professional negligence action against insurance brokers in a case raising issues as to the extent of brokers’ duties, contributory negligence and causation […]
December 12, 2009
Equitas -v- R&Q
[2009] EWHC 2787 (Comm) Alistair Schaff Q.C. and Simon Kerr acted in these actions concerning claims by the Claimant (“Equitas”), as assignee of the rights of Lloyd’s Syndicates (“the syndicates”), under various contracts of retrocessional excess of loss (“XL”) reinsurance (“the reinsurance contracts”), written by the Defendants (“R&Q” and “Ace” respectively) within the London Market […]
November 11, 2009
House of Lords overturns decision of Court of Appeal in Wasa v Lexington
The House of Lords handed down judgment in the conjoined appeals Wasa v Lexington and AGF v Lexington. All five of their Lordships held that the appeals should be allowed. This is a case which will have profound implications for the London and worldwide insurance and reinsurance markets. As Lord Collins said at beginning of […]
July 30, 2009
Wasa International Insurance Co Ltd -v- Lexington Insurance Co
[2010] 1 AC 180; [2009] 3 WLR 575; 2 Lloyd’s Rep. 508; [2008] Lloyd’s Rep. IR 510; [2007] 1 Lloyd’s Rep. 604 Wasa, which led the argument on the appeal, was represented by Alistair Schaff QC and Siobán Healy. Christopher Butcher QC appeared for Lexington. – House of Lords overturns decision of Court of Appeal. […]
July 30, 2009
Equitas -v- Allstate
[2009] Lloyd’s Rep. IR 227; [2009] 1 All ER (Comm) 1137 Alistair Schaff Q.C. and Simon Kerr – Reinsurance – Conflict of laws – Dispute between reinsured and excess of loss reinsurers in arbitration in the US – Further dispute between excess of loss reinsurers and quota share reinsurers – QS reinsurers commencing judicial proceedings […]
July 17, 2008
Mopani Copper Mines Plc –v- Millennium Underwriting Ltd
[2009] Lloyd’s Rep IR 158; [2008] 2 All ER (Comm) 976 Alistair Schaff QC led Rebecca Sabben-Clare in Reinsurance matter – Slip scratched for Construction/Erection and Operational Risks – Condition for extension of coverage running from date of commissioning of final building and for operational risks inserted subject to approval by reinsurers – Condition later […]
June 16, 2008
Enterprise Oil Limited -v- Strand Insurance Co Ltd
[2007] Lloyd’s Rep IR 186; [2006] 1 Lloyd’s Rep. 500 Alistair Schaff Q.C. and Simon Kerr – The decision of Aikens J in Enterprise Oil Limited v. Strand Insurance Co Ltd confirms that what is required for recovery under a liability insurance policy is actual liability to a third party in at least the amount […]
January 26, 2006
CGU International -v- AstraZeneca Insurance
[2006] Lloyd’s Rep. IR 409; [2007] 1 Lloyd’s Rep 142 Alistair Schaff QC led David Edwards; Christopher Butcher QC led Stephen Kenny; and Andrew Wales were involved in this case which concerned the scope of coverage of an English law reinsurance contract, covering an underlying English law policy containing a US service of suit clause […]
December 1, 2005
“Rafaela S” JI MacWilliam & Co inc -v- Mediterranean Shipping Co SA
[2005] 2 A.C. 423 Appeal to the House of Lords concerning whether a “straight” bill of lading was a “bill of lading or similar document or title” under the Hague-Visby Rules. Alistair Schaff Q.C. and Alex MacDonald successfully represented the cargo claimants in in what is now the leading case on the status of ‘straight’ […]
January 17, 2005
R+V Versicherung -v- RISK Insurance & Reinsurance
[2004] EWHC 2682 (Comm) Alistair Schaff QC led Jawdat Khurshid in this matter involving Tort – Conspiracy to injure by unlawful means – Breach of contract – Insurance – Existence of conspiracy between employees of insurance companies.
November 18, 2004
Glencore International AG v Alpina Insurance Co. Ltd. & Others
[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]
February 19, 2004
Glencore International AG -v- Alpina Insurance Co. Ltd. & Others
[2004] 1 Lloyd’s Rep. 567; [2004] 1 All ER (Comm) 766; [2004] 1 All ER (Comm) 858; [2004] 1 Lloyd’s Rep. 111 Dominic Kendrick Q.C., Alistair Schaff Q.C., Richard Southern, Sioban Healy and John Bignall were all involved in an 8 week trial which concerned claims on a trader’s worldwide marine insurance policy arising out […]
January 23, 2004
Super Chem Products Ltd -v- American Life & General Insurance Co. Ltd
[2004] Lloyd’s Rep. IR 446 Alistair Schaff Q.C. acted for the successful insurers on an appeal from the Court of Appeal of Trinidad and Tobago to the Privy Council in a case which upheld the insurers’ right to rely on timebar and claims co-operation conditions to deny liability for a claim on fire policies. Insurance […]
January 12, 2004
Great North Eastern Railway -v- Railcare
[2003] EWHC 1608 (Comm) Alistair Schaff Q.C. and Simon Picken acted for the successful claimant in its claim for substantial damages for negligence against a supplier of rail parts arising out of a derailment, vindicating a very substantial claim of approximately £3m in the face of an unsuccessful plea of contributory negligence.
July 15, 2003
“Juntha Rajprueck”
[2003] 2 Lloyd’s Rep. 107 Alistair Schaff QC – Carriage by sea – Letter of undertaking – Competent Court – Meaning – Cargo damage claims – Letter of undertaking given by P & I Club – Club alleged English Admiralty Court not a competent Court to entertain action in rem -Whether LOU obliged club to […]
March 10, 2003
GE Reinsurance Corporation And Others –v- New Hampshire Insurance Co Willis Ltd (Part 20 Defendants)
[2004] Lloyd’s Rep. IR 404 Alistair Schaff Q.C. acted in this film finance case in which he represented the successful Claimant whose declining of liability on grounds of breach of warranty was upheld. Reinsurance – Film finance – Fronting – Reinsurance agreement containing warranty – No equivalent warranty in direct insurance – Reinsurance stated to […]
February 27, 2003
Jan de Nul -v- Axa Royale Belge
[2002] Lloyd’s Rep IR 589; [2002] 1 Lloyd’s Rep. 583; [2002] 1 All ER (Comm) 767; [2001] Lloyd’s Rep IR 327; [2000] 2 Lloyd’s Rep. 700 Alistair Schaff Q.C. and Simon Kerr acted for the successful insured who claimed under a third party liability policy in respect of liabilities for negligence and nuisance. Insurance (Third […]
January 31, 2002
“Abt Rasha”
[2000] 2 Lloyd’s Rep. 575; [2000] 1 Lloyd’s Rep. 8 Alistair Schaff QC and Adam Fenton – General average – Non-separation agreement – Construction – Bigham clause – Vessel carrying cargo of oil from Saudi Arabia to Rotterdam – Vessel encountered severe weather and hydraulic steering pumps became heavily damaged – Vessel diverted to port […]
July 31, 2000
Comatra Ltd And Another –v- Various Underwriters
[2000] 2 All ER (Comm) 609; [1999] 2 All ER (Comm) 1002 Alistair Schaff QC and Adam Fenton – Shipping – General average – Contribution by cargo owners – Bigham clause – Underwriters insuring claimants’ vessel for its proportion of general average – Vessel suffering damage during voyage and claimants making non-separation agreement with cargo […]
July 31, 2000
“Tatry” / “Maciej Rataj”
[1999] 2 WLR 181 Alistair Schaff Q.C. and Charles Priday sat before the European Court of Justice in the leading case involving Articles 21 and 22 of the Brussels Convention. Practice – Stay of proceedings – Jurisdiction under European Convention – Lis alibi pendens – Claim for declaration of non-liability in action in Holland – […]
December 6, 1999
Caltex Trading Pte. Ltd. –v- Metro Trading International Inc. And Others And Glencore International A.G. And Others (Third Parties) And Sea Victory Shipping Corporation, Procopiou And Baker Services Inc. (Fourth Parties)
[2000] 1 All ER (Comm) 108;[1999] 2 Lloyd’s Rep. 724 Alistair Schaff Q.C. and Richard Southern – Practice – Jurisdiction – Submission to jurisdiction – Receivership order made in respect of company engaged in business of storing, blending and trading in oil – Claims made against fourth parties – Fourth parties served summons for inspection […]
September 17, 1999
Kingscroft Ins. Co. Ltd. & Walbrook Ins. Co. Ltd & others -v- The Nissan Fire & Marine Insurance Company Limited.
[2000] 1 All ER (Comm) 272; [1999] 1 Lloyd’s Rep 603 Gavin Kealey Q.C. led Alistair Schaff Q.C. – Reinsurance – Facility quota share treaties reinsuring reinsurance pool – Pool consisting of stamp companies and other members acting as whole account quota share reinsurers – Whether companies later joining pool were parties to reinsurance – […]
July 29, 1999
Surzur Overseas Ltd. -v- Koros
[1999] 2 Lloyd’s Rep. 611 Alistair Schaff Q.C. and Stephen Kenny acted in a Court of Appeal decision on conspiracy by unlawful means arose in a jurisdictional context Practice – Applications to set aside proceedings – Serious issue to be tried – Witness immunity rule – Allegations involving creation of false documents making of fraudulent […]
February 25, 1999
Huyton -v- Peter Cremer G.m.b.H & Co.
[1999] 1 Lloyd’s Rep. 620 Alistair Schaff acted in this case on economic duress Sale of goods (f.o.b.) – Agreement – Validity – Sellers sold wheat to buyers – Payment to be cash against listed documents – Demurrage incurred at loading port – Shipping documents rejected for not conforming – Buyers agreed to pay for […]
October 21, 1998
“Spirit Of Independence” (Formerly Known As “Caribia Viva”)
[1999] 1 Lloyd’s Rep. 43 Alistair Schaff – Admiralty practice – Arrest – Security – French law of arrest – Vessel on demise charter – Repairs to vessel carried out by defendant yard – Charter cancelled for non-payment of hire – Charterers called in receivers – Yard arrested vessel in France – Whether owners liable […]
August 6, 1998
“Rio Assu” (No. 2) C. Itoh & Co. Ltd. and Others -v- Companhia de Naveacao Lloyd Brasileiro and Steamship Mutual Underwriting Association (Bermuda) Ltd. same -v- Republica Federativa do Brasil
[1999] 1 Lloyd’s Rep. 201; [1999] 1 Lloyd’s Rep. 115 Dominic Kendrick QC, Alistair Schaff and Richard Waller were involved in this claim on a P&I letter of guarantee. Carriage by sea – Letter of undertaking – Construction – Damage to cargo – Cargo-owners claimed against demise charterers – P. & I. club gave letter […]
July 17, 1998
Sierra Leone Telecommunications Co. Ltd. -v- Barclays Bank plc
[1998] 2 All ER 821 Timothy Saloman Q.C. led Alistair Schaff in a Conflict of laws matter – Contract – Proper law of contract – Bank – English bank holding account for Sierra Leone company owned by Sierra Leone government – Company’s articles of association providing that board of directors to consist of eight members […]
February 6, 1998
“Giannis N.K” Effort Shipping -v- Linden Management S.A. and Others
[1998] 2 WLR 206; [1998] 1 Lloyd’s Rep. 337; [1998] AC 605; [1998] 1 All ER 495; [1996] 1 Lloyd’s Rep. 577 In this shipping case which went to the House of Lords, Alistair Schaff acted for the successful shipowners in what is the leading case on dangerous cargoes. Shipping – Bill of lading – […]
January 22, 1998
Fletamentos Maritimos SA –v- Effjohn International BV
[2003] Lloyd’s Rep PN 26; [1997] 2 Lloyd’s Rep. 302; [1997] 1 Lloyd’s Rep. 295; [1996] 2 Lloyd’s Rep. 304; [1995] 1 Lloyd’s Rep. 311 Alistair Schaff – Solicitors – Counsel – Wasted costs – Principles applicable – Claim for contribution.
December 10, 1997
Royal Boskalis Westminster v Mountain
[1997] 2 All ER 929 Alistair Schaff, Stephen Hofmeyr, David Bailey, and Sioban Healy acted in a claim involving illegality and duress arising out of the first Gulf War. Marine insurance – Measure of indemnity – Suing and labouring clause – Plaintiff companies operating dredging fleet in Iraq under contract with Iraqi government – Plaintiffs […]
March 19, 1997
State Of The Netherlands (Represented By The Minister Of Defence) –v- Youell And Hayward And Others
[1998] 1 Lloyd’s Rep. 236 Alistair Schaff and Jawdat Khurshid acted in this matter involving paint damage to submarines and issues of sue and labour Insurance (Marine) – Sue and labour – Joint or composite policies – Wilful misconduct – Contract for building of two submarines for Dutch navy – Submarines suffered debonding and cracking […]
February 28, 1997
“Piper Alpha” Hegarty -v- Caledonian
[1997] 2 LLR 259 Alistair Schaff acted for the operators of the ‘Piper Alpha’ platform in respect of negligence actions involving the ‘Piper Alpha’ explosions. Negligence – Professional negligence – Application to strike out – Piper Alpha rig disaster – Plaintiff alleged he suffered serious psychiatric harm which caused him loss and damage – Claim […]
February 5, 1997
Fraser Shipping Ltd. -v- Colton and Others
[1997] 1 Lloyd’s Rep. 586 Alistair Schaff – 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 […]
October 11, 1996
“Anangel Express” Adriatic Mare Enterprises S.A. -v- Newco A.G.
[1996] 2 Lloyd’s Rep. 299 Alistair Schaff and Charles Priday – Charter-party (Time) – Performance guarantee – Validity – Shipowners alleged defendants guaranteed performance obligations of charterers under time charter – Charterers failed to comply with obligations – Shipowners claimed under guarantee – Whether binding contract of guarantee entered into.
May 13, 1996
Hegarty –v- E. E. Caledonia Ltd.
[1996] 1 Lloyd’s Rep. 413 Alistair Schaff – Damages – Personal injury – Breach of statutory duty – Breach of duty of care – Piper Alpha disaster – Support vessel went to assistance – Plaintiff on support vessel claimed to be suffering from symptoms of post traumatic stress syndrome – Whether defendant owners of Piper […]
December 1, 1995
Pacific & General Insurance Co. Ltd. (In Liquidation) -v- Baltica Insurance Co. (U.K.) Ltd. And Others
[1996] LRLR 8 Alistair Schaff – Reinsurance – Notice of loss clause – Inspection of records – Construction – Notification of claims and inspection of relevant documents – Whether contractual inspection refused – Whether claims properly notified – Whether plaintiffs entitled to summary judgment against defendant reinsurers.
November 3, 1995
Amey Properties Ltd. –v- Cornhill Insurance Plc.
[1996] LRLR 259 Alistair Schaff – Insurance (Public Liability) – Indemnity – Negligence – Plaintiff constructing new runway – Plaintiff liable for collision between U.S. aircraft and plaintiff’s tractor – Plaintiff claimed indemnity – Whether plaintiff negligent in failing to maintain tractor in efficient and roadworthy condition – Whether defendants had to establish recklessness on […]
January 7, 1995
Mcfarlane –v- E.E. Caledonia Ltd. (No. 2)
[1995] 1 Lloyd’s Rep. 53; [1995] 1 WLR 366; [1994] 1 Lloyd’s Rep. 16; [1994] 2 All ER 1 Alistair Schaff – Practice – Costs – Contingency fee basis – Piper Alpha disaster – Plaintiff retained services of non-party to process claim against defendant – Defendants held not liable – Defendants awarded costs – Whether […]
November 11, 1994
Trinity Insurance Co. Ltd. –v- Overseas Union Insurance Ltd.
[1996] LRLR 156 Alistair Schaff – Reinsurance – Arbitration – Aviation quota share treaties – Marine excess of loss treaties – Reinsured claimed under treaties – Allegation that reinsured failed to operate portfolio transfer clause and made claims for non-marine losses – Whether dispute should be referred to arbitration – Whether reinsured entitled to summary […]
June 10, 1994
“Jay Ganesh” United Nations/Food And Agriculture Organisation-World Food Programme –v- Caspian Navigation Inc.
[1994] 2 Lloyd’s Rep. 358 Alistair Schaff – Charter-party (Voyage) – Notice of readiness – Laytime – Commencement – Vessel gave notice of readiness – Vessel delayed by non-availability of berth and infestation of insects requiring fumigation – Whether notice of readiness valid – Whether shipowners entitled to claim demurrage.
May 26, 1994
Ocarina Marine Ltd. And Others –v- Marcard Stein & Co.
[1994] 2 LLR 524 Alistair Schaff acted in a major trial between the bank and its customer which was only concluded on appeal in 1999 Practice – Writ – Application to set aside – Jurisdiction – Loan agreement, assignment of earnings and deed of charges entered into between German bank and Liberian shipowners – Documents […]
May 13, 1994
“Boucraa” L’Office Cherifien des Phosphates and Unitramp s.a. – v- Yamashita-Shinnihon Steamship Co. Ltd.
[1994] 1 Lloyd’s Rep. 251; [1994] 1 A.C. 486 Jonathan Gaisman and Alistair Schaff – Arbitration – Delay in prosecution – Dispute under charter referred to arbitration – Power conferred by s. 13A of Arbitration Act 1950 to dismiss claim on ground of claimant’s inordinate or inexcusable delay in pursuing arbitration – Arbitrator exercised power […]
December 16, 1993
“Sargasso” Stargas S.P.A -v- Petredec Ltd.
[1994] 1 Lloyd’s Rep. 412 Alistair Schaff – Charter-party (Time) – Indemnity – Measure of damages – Contamination of cargo – Voyage charterers awarded damages for breach of voyage charter against time charterers – Whether disponent owners exercised reasonable care over carriage and discharge of cargo – Whether time charterers entitled to be indemnified by […]
November 10, 1993
“Piper Alpha” McFarlane -v- Caledonian
[1994] 1 LLR 16 Alistair Schaff acted for the operators of the ‘Piper Alpha’ platform in respect of negligence actions involving the ‘Piper Alpha’ explosions. Negligence – Personal injury – Duty of care – Defendants operators of Piper Alpha Rig – Fire broke out on rig – Plaintiff suffered psychiatric injury – Whether defendants owed […]
July 29, 1993
“Linardos” Cobelfret N.V. -v- Cyclades Shipping Co. Ltd.
[1994] 1 Lloyd’s Rep. 28 Alistair Schaff – Charter-party (Voyage) – Notice of readiness – Validity – Vessel gave notice of readiness – No loading berth available but vessel not ready to load because holds insufficiently clean – Whether notice of readiness valid – Whether award should be remitted.
June 23, 1993
“Maria” Everglade Maritime Inc. V. Schiffahrtsgesellschaft Detlef Von Appen M.B.H
[1993] 2 Lloyd’s Rep. 168; [1993] 3 WLR 176; [1993] QB 780; [1993] 3 All ER 748; [1993] 3 WLR 176 Alistair Schaff – Arbitration – Award – Costs – Sealed offer – Arbitrators found in favour of owners – Arbitrators made order as to costs – Effect of sealed offer on order as to […]
March 3, 1993
“Wilomi Tanana” Mendala Iii Transport –v- Total Transport Corporation Total International Ltd. and Addax Ltd.
[1993] 2 Lloyd’s Rep. 41 Jonathan Gaisman and Alistair Schaff – Charter-party (Voyage) – Bills of lading – Cargo loaded between Jan. 18 and 20
February 22, 1993
“Kyriaki” Bank Of America National Trust And Savings Association –v- Chrismas And Others
[1994] 1 All ER 401; [1993] 1 Lloyd’s Rep. 137 Alistair Schaff – Practice – Limitation of time – Jurisdiction -Amendment to writ – Writ amended to substitute new defendant for defendant named in writ – Whether amendment made in time – Whether Court had jurisdiction to make ex parte order extending time for effecting […]
July 31, 1992
Mannesman Handel A.G. –v- Kaunlaran Shipping Corporation And Others (Third Parties)
[1993] 1 Lloyd’s Rep. 89 Alistair Schaff acted in this letter of credit case Banking – Letter of credit – Sale of goods of Russian origin to Chinese buyers – Difficulties in trade between Russia and China – Letter of credit issued by Swiss bank – Documents falsely describing origin of goods issued to knowledge […]
July 30, 1992
“Maciej Rataj”
[1992] 2 Lloyd’s Rep.552 Alistair Schaff led David Bailey; and Charles Priday acted in this Important Court of Appeal (later European Court) decision on 1968 Brussels Convention on ‘lis alibi pendens’. Carriage by sea – Stay of action – Forum non conveniens – Damage to goods – Actions brought in Rotterdam and England – Whether […]
June 5, 1992
“Amiral Fahri Engin” Sale Corporation Of Monrovia –v- Turkish Cargo Lines General Manager
[1993] 1 Lloyd’s Rep. 75 Alistair Schaff – Charter-party (Voyage) – Demurrage – Free pratique – Master to obtain free pratique on arrival of vessel – Time charterers alleged master failed to comply with orders – Whether free pratique granted promptly – Whether vessel owners in breach of time charter – Whether breach caused time […]
March 19, 1992
Trinity Insurance Company Limited –v- Singapore Aviation & General Insurance
(1993) 2 Re LR 111 Alistair Schaff – Aviation reinsurance – Quota share treaties – Whether quota share treaties constituted partnership – Inward excess of loss risk – Whether misrepresentation or lack of fair presentation of terms of contract to underwriter by plaintiffs existed in placing insurance risk – Dispute over way in which terms […]
December 17, 1991
“Coral Rose” Atlas Maritime Co. S.A. -v- Avalon Maritime Ltd.
[1991] 2 Lloyd’s Rep. 374; [1991] 1 W.L.R. 917;[1991] 1 W.L.R. 633 Jonathan Gaisman and Alistair Schaff – Practice – Mareva injunction – Variation Practice – Mareva injunction – Discharge – Sale of ship – Dispute as to validity of contract – Mareva injunction obtained – Court ruled valid contract in existence – Remaining issues […]
June 14, 1991
Bank of America National Trust and Savings Association -v- Taylor Stasima Maritima Co Ltd
(1992) 1 Re LR 316; [1992] 1 Lloyd’s Rep. 484 Alistair Schaff and Stephen Kenny – It was proper for an underwriter subscribing to a policy of insurance to be sued as a representative of the other subscribers, even in the absence of a “leading underwriter” clause, or other cost-sharing arrangement. Insurance (Marine) – Representative […]
May 10, 1991
Heinrich Hirdes G.M.B.H. And Another –v- Edmund Same –v- Peek Puckle (International) Ltd. And Others
[1991] 2 Lloyd’s Rep. 546 Alistair Schaff – Insurance (Marine) – Construction – Insured vessel suffered damage in collision on July 16, 1982 – Plaintiffs claimed under policy – Underwriters alleged policy expired July 15, 1982 – Whether phrase in policy “until July 16, 1982” inclusive.
February 28, 1991
“Aditya Vaibhav” Century Textiles And Industry Ltd. -v- Tomoe Shipping Co. (Singapore) Pte. Ltd.
[1991] 1 Lloyd’s Rep. 573 Alistair Schaff – Charter-party (Time) – Hire – Equitable set-off – Charterers alleged owners’ breach of charter caused delay to vessel – Charterers suffered loss and expense – Whether such loss and expense could be deducted from hire due to owners.
February 7, 1991
Compagnia Tirrena Di Assicurazioni S.P.A. –v- Grand Union Insurance Co. Ltd.
[1991] 2 Lloyd’s Rep. 143 Alistair Schaff – Reinsurance – Construction of slip – Defendants failed to pay any claims – Allegations of breach of premium warranty – Defendants sent demands for premiums – Whether defendants affirmed contracts – Whether defendants precluded from relying on breaches of premium warranties.
November 1, 1990
“Jordan Nicolov” Montedipe S.P.A. And Another –v- Jtp-Ro Jugotanker
[1990] 2 Lloyd’s Rep. 11 Alistair Schaff – Arbitration – Award – Remission – Technical misconduct – Arbitrators found against charterers on title to sue and that insurers’ claims time barred – Arbitrators declined to entertain claim made by insurers – Whether technical misconduct – Whether award should be remitted.
December 21, 1989
“Takafa” President Of India -v- Hariana Overseas Corporation
[1990] 1 Lloyd’s Rep. 536 Alistair Schaff – Charter-party (Voyage) – Delay – Vessel to proceed with all convenient speed – Charterers alleged various periods of delay – Whether owners in breach of obligation to proceed with all convenient speed – Whether charterers entitled to damages.
December 15, 1989
E D & F Man (Sugar) Ltd. –v- Evalend Shipping Co. S.A. And Another
[1989] 2 Lloyd’s Rep. 192 Alistair Schaff – Contract – Cancellation – Carriage by sea – Contract evidenced by booking note – Nominated vessel unlikely to arrive within laycan dates – Plaintiffs cancelled contract – Whether first or second defendants parties to and or personally liable on contract – Whether Mareva injunction should be varied
February 14, 1989
“Arras” And “Hoegh Rover” Mosvolds Rederi As -v- Food Corporation Of India
[1989] 1 Lloyd’s Rep. 131; [1986] 2 Lloyd’s Rep. 597 Alistair Schaff and Charles Priday – Arbitration – Limitation of time – Dispute as to demurrage – Whether revised claims “new claims” – Whether claims time barred – Whether owners entitled to damages representing currency loss – Whether charterers liable to pay interest on demurrage […]
April 20, 1988
“Junior K” Star Steamship Society -v- Beogradska Plovidba.
[1988] 2 Lloyd’s Rep. 583 Alistair Schaff – Charter-party (Voyage) – Negotiation – Stipulation in telex that fixture subject to details – Meaning – Whether binding charter-party concluded – Whether application to set aside writ should be granted
February 25, 1988
“Albion” President Of India -v- Davenport Marine Panama S.A.
[1987] 2 Lloyd’s Rep. 365 Alistair Schaff – Charter-party (Voyage) – Laytime – Commencement – Time to count from 24 hours after receipt of notice of readiness vessel also having been entered in Customs House – Vessel’s inward entry application filed – Final entry granted on berthing – Time at which laytime commenced.
May 11, 1987
Zakhem International Construction Ltd. –v- Nippon Kokan KK
[1987] 2 Lloyd’s Rep. 661; [1987] 2 Lloyd’s Rep. 596 Alistair Schaff – Practice – Transfer of action – Action commenced in Commercial Court – Whether application to transfer action to Chancery Division should be granted
January 19, 1987
Universal Petroleum Co. Ltd. (In Liquidation) -v- Handels-Und Transport Gesellschaft M.B.H.
[1987] 1 Lloyd’s Rep. 517; [1987] 1 WLR 1178; [1987] 2 All ER 737 Alistair Schaff – Arbitration – Award – Remission – Reasons – Dispute under sale contract – Arbitrator made a reasoned award – Allegations that conclusion reached by arbitrator conclusion no reasonable arbitrator could have reached and errors of law on face […]
January 19, 1987
“Singapore Fortune” Overseas Fortune Shipping Pte. Ltd. -v- Great Eastern Shipping Co. Ltd.
[1987] 1 Lloyd’s Rep. 270 Alistair Schaff and Julia Dias – Arbitration – Award – Remission – Application to set aside – Interim award made in favour of owners – Whether arbitrators had misconducted themselves – Whether procedural mishap occurred – Whether award should be set aside or remitted.
October 31, 1986