Reported Cases
Eitzen A/S v TTMI Sarl [2012] EWHC 202 (Comm)
Eitzen Bulk A/S v TTMI SARL. Judgment of Eder J. on the meaning clause 15 of the Shelltime 4 form. When bunker prices tumble in a falling market, the time Charterer who charters on the terms of Shelltime 4 form’s clause 15, may feel financially incentivised to claim from the Owner on redelivery the costs […]
February 14, 2012
Temple Legal Protection Ltd -v- QBE Insurance (Europe) Ltd
[2010] 1 All ER (Comm) 703; [2009] Lloyd’s Rep. IR 544; [2008] Lloyd’s Rep IR 643 Timothy Saloman QC and Christopher Butcher QC – Insurance (after the event) — Binding authority — Underwriting agent authorised to write ATE insurance for insurers — Underwriting agent entering into coverholder agreements with solicitors empowering them to issue insurance […]
April 6, 2010
Highland Crusader Offshore Partners -v- Deutsche Bank AG (Supreme Court)
Timothy Saloman QC, Jonathan Gaisman QC and James Brocklebank were involved in this dispute (subsequently compromised) concerning the interaction of anti-suit injunctions and non-exclusive jurisdiction clauses.
November 26, 2009
Highland Crusader Offshore Partners v Deutsche Bank AG
On 13th July 2009, the Court of Appeal handed down judgment in Highland Crusader Offshore Partners v Deutsche Bank AG [2009] EWCA Civ 725. The case is now the leading authority on anti-suit injunctions and parallel proceedings in circumstances where a contract contains a non-exclusive jurisdiction clause. Tim Saloman QC and Charles Holroyd (both from […]
July 13, 2009
Ansari –v- New India Assurance Ltd
[2009] Lloyd’s Rep. IR 562; [2009] 2 All ER (Comm) 926 Timothy Saloman QC – Insurance — Buildings — Insurance against fire — Policy term removing cover in the event of any material alteration to buildings or to facts stated in proposal form — Non-invalidation clause permitting recovery if assured unaware of alteration — Sprinkler […]
February 18, 2009
Europ Assistance Insurance Ltd -v- Temple Legal Protection Ltd
[2008] 1 Lloyd’s Rep 216 Timothy Saloman QC and Gavin Geary acted in this Insurance (after the event) matter – Agency – Defendant authorised to conduct run-off on behalf of claimant – Claimant terminating agency alleging breach of contract and breach of duty – Whether claimant entitled to temporary injunction restraining defendant from conducting run-off.
July 25, 2007
Svenska Petroleum Exploration A.B. V. Government Of The Republic Of Lithuania And Another Svenska Petroleum Exploration A.B. V. Government Of The Republic Of Lithuania And Another
[2005] 1 Lloyd’s Rep. 515; [2005] 1 All ER (Comm) 515 Timothy Saloman QC – Arbitration – Recognition and enforcement of foreign awards – Award given against defendant State – Application by claimants to enforce award in England – Defendant arguing that arbitrators had no jurisdiction but participating in arbitration after adverse ruling on jurisdiction […]
January 11, 2005
“Joanna V” – People’s Insurance Company Of China, Hebei Branch (2) China National Feeding Stuff Import/Export Corporation V. Vysanthi Shipping Co. Ltd.
[2003] 2 Lloyd’s Rep. 617 Timothy Saloman QC – Conflict of laws – Bill of lading – Limitation of time – London arbitration clause – Cargo-owners and insurers brought action in Chinese Courts – Shipowners brought London arbitration proceedings – Cargo-owners objected to arbitrator’s jurisdiction – Chinese Courts determined that they had jurisdiction – Arbitrator […]
July 10, 2003
Sabah Shipyards -v- Islamic Republic of Pakistan
[2003] 2 Lloyd’s Rep. 571 Timothy Saloman Q.C. led Simon Picken in a dispute under contracts relating to barge mounted electric generation facility at Karachi – Collateral guarantee gave jurisdiction to English Courts – Whether defendants in waiving sovereign immunity consented to English Court having jurisdiction to grant anti-suit injunction – Proper construction of jurisdiction […]
November 14, 2002
“David Agmashenebeli”
[2003] 1 Lloyd’s Rep 92; [2002] 2 All ER (Comm) 806 Timothy Saloman QC; Stephen Hofmeyr QC and Peter MacDonald Eggers acted in this matter involving liability of shipowner for clausing of bill of lading Bill of lading – Clean bill – Title to sue – Berthing delay – Cargo of urea loaded – Master […]
July 19, 2002
“Beursgracht” Glencore International A.G. –v- Ryan – Court of Appeal
[2002] 1 Lloyd’s Rep. 574; [2001] 2 Lloyd’s Rep 608 Timothy Saloman Q.C. led Gavin Geary on behalf of the Apellant Defendant in the Court of Appeal: Insurance (Marine) – Charterer’s liability – Declaration – Open cover – Insured claimed in respect of accident which occurred on vessel – Underwriters alleged no timely declaration made […]
December 21, 2001
“Turiddu” Cil & Others -v- Turiddu, Owners of the Ship and Another
[2000] ICR 354 Timothy Saloman Q.C. – Dispute as to whether maritime lien is extinguished by voluntary payment.
June 29, 1999
“Athenian Harmony” Derby Resources A.G. -v- Blue Corinth Marine Co
[1998] 2 Lloyd’s Rep 410; [1998] 2 Lloyd’s Rep 425 Timothy Saloman Q.C. acted in principles for assessing compensation for loss of or damage to goods; Court’s approach to delay; discount rate of interest rather than period
May 6, 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
Glencore International A.G. (Marc Rich & Co. A.G.) -v- Portman and others
(Court of Appeal) [1997] 1 Lloyd’s Rep. 225; [1996] 1 Lloyd’s Rep. 430 Gavin Kealey Q.C. leading David Edwards acted for Glencore against Timothy Saloman Q.C. and Charles Priday – insured in marine insurance trial and in the Court of Appeal against Lloyd’s underwriters: issues of utmost good faith, waiver, constructive knowledge of underwriters. Insurance […]
December 13, 1996
Credit Suisse Financial Products -v- Societe Generale D’ Enterprises
[1997] CLC 168 Timothy Saloman Q.C. led Christopher Butcher in a matter involving ISDA contract, and exclusive jurisdiction agreement – enforceability under Article 17 of the Brussels Convention – interpretation of International Swap Dealers Association (ISDA) contract terms.
July 3, 1996
Balkanbank -v- Taher
[1995] 1 WLR 1057 (C.A.) (No. 1) and [1995] 1 WLR 1067 (C.A.) (No.2) Timothy Saloman Q.C. and Robert Bright acted in a Jurisdiction dispute arising from worldwide Mareva injunction in aid of foreign proceedings. Injunction – Mareva injunction – Cross-undertaking in damages – Injunction discharged by consent – Inquiry into damages – Court’s discretion […]
November 18, 1994
Pan Atlantic Insurance Co. Ltd -v- Pine Top Insurance Co. Ltd
[1995] 1 AC 501; (1994) 3 Re LR 101; [1994] 3 WLR 677; [1994] 2 Lloyd’s Rep. 427; [1994] 3 All ER 581 Timothy Saloman Q.C. and Simon Picken acted in the leading modern case on the test of materiality and the requirement of inducement in insurance contracts.
July 25, 1994
Littrell -v- United States Of America (No. 2)
[1995] 1 WLR 82; [1994] 4 All ER 203 Conflict of Laws – Sovereign immunity – Visiting forces – United States serviceman serving in England treated at United States military hospital in England – Serviceman bringing action against United States government for personal injury – Whether right of action in England existing at common law […]
November 12, 1993
Littrell -v- United States of America
[1995] 1 WLR 82 Timothy Saloman Q.C. acted in a State immunity of U.S.A. matter concerning personal injuries inflicted on an army officer at a hospital on the RAF Lakenheath N.A.T.O. base.
November 11, 1993
Harbour Assurance Co ( UK ) -v- Kansa General International Ins.Co.
[1993] 1 Lloyd’s Rep. 455; [1993] 3 WLR 42; [1993] QB 701; [1993] 3 All ER 897; [1992] 1 Lloyd’s Rep. 81; (1992) 1 Re LR 158 Timothy Saloman was involved in a dispute under reinsurance contracts – Allegation of illegality – Whether illegality dispute covered by arbitration clause – Whether arbitration clause severable – […]
January 28, 1993
“Kherson”
[1992] 2 Lloyd’s Rep. 261 Timothy Saloman – Carriage by sea – Jurisdiction – Damage to cargo – Sister ship arrested – Proceedings already begun in Netherlands – Whether English Court should decline jurisdiction – Whether plaintiffs justified in obtaining warrant of arrest – Whether warrant of arrest should be set aside – Civil Jurisdiction […]
May 1, 1992
Re The Embassy of Iraq and Rafidain Bank
[1992] BCLC 301 Timothy Saloman – Non-immunity of Iraqi Embassy bank accounts in winding-up.
July 9, 1991
“Rewia”
[1991] 1 Lloyd’s Rep 69; [1991] 2 Lloyd’s Rep 325 C.A Timothy Saloman and Jonathan Gaisman and Christopher Butcher and Richard Southern were involved in a matter where Plaintiffs claimed damages for short delivery – Whether carrier a proper or necessary party to action – Whether carrier domiciled and principle place of business in Germany […]
July 13, 1990
Fal Bunkering Of Sharjah -v- Grecale Inc. Of Panama
[1990] 1 Lloyd’s Rep 360 Timothy Saloman – Arbitration – Security for costs – LMAA Terms – Owners applied for security for costs – Whether LMAA Terms incorporated in agreement or by implication or usage – Whether arbitrators had jurisdiction to make order for security for costs.
November 13, 1989
“Stena Pacifica” Navigazione Alta Italia S.P.A. -v- Concordia Maritime Chartering A.B.
[1990] 2 Lloyd’s Rep. 234 Timothy Saloman – Arbitration – Limitation of time – Delay in discharging – Charterers alleged such delay caused by under-performance of vessel’s pumps – Whether claim subject to one year time limit – Whether arbitrator appointed in time – Whether application for extension of time should be granted – Arbitration […]
September 15, 1989
D. W. Moore And Co. Ltd. -v- Ferrier
[1988] 1 WLR 267; [1988] 1 All ER 400 Timothy Saloman – Limitation of Action – Negligence – Accrual of cause of action – Covenants in restraint of trade – Agreements containing covenant settled by solicitors in 1971 and 1975 – Covenants intended to restrain competition by former employee – Covenant discovered to be ineffective […]
July 29, 1987
“Saudi Prince” No. 2
[1988] 1 Lloyd’s Rep 1 Timothy Saloman – Carriage by sea – Bill of lading – Non-delivery and damage to cargo – Whether owners liable under Italian law – Whether owners could rely on Hague Rules – Whether owners liable for incompetence of stevedores – Quantum.
May 14, 1987
Continental Reinsurance Corporation (U.K.) Ltd. -v- Pine Top Insurance Ltd.
[1986] 1 Lloyd’s Rep. 8 Timothy Saloman – Practice – Documents – Reinsurance – Subpoena duces tecum and subpoena ad testificandum served by defendants on Department of Trade and official requiring production of documents – Whether documents ought to be ordered to be produced – Whether official should give evidence – Whether Department and official […]
May 16, 1985
“Forum Craftsman” – Court of Appeal
[1985] 1 Lloyds Rep 291 Gavin Kealey – Admiralty practice – Stay of action – Jurisdiction clause – Damage caused to vehicles on board vessel – Whether action should be brought in Tokyo – Whether English action should be stayed.
December 20, 1984
Alcom -v- Republic of Colombia
[1984] 2 Lloyd’s Rep. 24; [1984] 1 Lloyd’s Rep. 368; [1984] 2 WLR 750; [1984] AC 580; [1984] 2 All ER 6; [1984] 1 All ER 1; [1983] 3 WLR 906 Timothy Saloman – Conflict of Laws – Sovereign immunity – Diplomatic immunity – Expenditure in running diplomatic mission – Moneys in embassy bank accounts […]
April 12, 1984
“Forum Craftsman”
[1984] 2 Lloyd’s Rep 102 Timothy Saloman – Admiralty practice – Stay of action – Jurisdiction clause – Damage caused to vehicles on board vessel – Whether action should be brought in Tokyo – Whether English action should be stayed
March 22, 1984
A -v- B
[1984] 1 All ER 265 Timothy Saloman – Solicitor – Lien – Retaining lien – Solicitor discharging himself in course of action – Non-payment of costs – Solicitor entering default judgment for amount of unpaid costs – Solicitor arresting client’s vessel to secure payment of costs – Client applying for order that papers in action […]
June 28, 1983
“Scaptrade” Scandinavian Trading Tanker Co. A.B. -v- Flota Petrolera Ecuatoriana
[1983] 2 Lloyd’s Rep. 253; [1983] 1 Lloyd’s Rep. 146; [1983] 3 WLR 203; [1983] 2 WLR 248; [1983] QB 529; [1983] 2 All ER 763; [1983] 1 All ER 301; [1981] 2 Lloyd’s Rep. 425 Timothy Saloman – Charter-party (Time) – Hire – Non-payment – Withdrawal of vessel – Whether shipowners left it too […]
May 11, 1983
“Lycaon” – Elder Dempster Lines -v- Zaki Ishag
[1983] 2 Lloyd’s Rep. 548 Timothy Saloman – Practice – Inter pleader relief – February bills of lading issued while January bills still in circulation – Plaintiffs granted inter pleader relief – Whether plaintiffs could recover costs and charges incurred
May 10, 1983
“Larissa” Showa Oil Tanker Co. Ltd. Of Japan –v- Maravan S.A. Of Caracas
[1983] 2 Lloyd’s Rep. 325 Timothy Brenton – Charter-party (Time) – Hire – Adjustment of hire clause – Vessel consumed less fuel oil than stated in charter – Whether owners entitled to increased hire – Whether owners misrepresented fuel oil consumption – Whether charterers entitled to set-off.
April 14, 1983
“Kehrea” Japan Line Ltd. V. Himoff Maritime Enterprises Ltd.
[1983] 1 Lloyd’s Rep. 29 Timothy Saloman and Jonathan Gaisman – Arbitration – Injunction – Delay in prosecuting claims in arbitration proceedings – Whether excessive delay in the conduct of the reference had brought the arbitration agreement to an end by virtue of repudiation, frustration or mutual abandonment – Whether injunction to restrain further conduct […]
August 4, 1982
“Saudi Prince” No. 1
[1982] 2 Lloyd’s Rep 255 Timothy Saloman – Admiralty practice – Damage to cargo – Arrest of vessel – Defendants denied ownership of vessel – Whether jurisdiction of Court could be invoked – Whether vessel beneficially owned by defendant – Whether writ and all subsequent proceedings should be set aside – Administration of Justice Act, […]
May 17, 1982
“Emmanuel Colocotronis” Astro Valiente Compania Naviera S.A. -v- The Government Of Pakistan Ministry Of Food And Agriculture
[1982] 1 Lloyd’s Rep. 286; [1982] 1 Lloyd’s Rep. 297; [1982] 1 WLR 1096; [1982] 1 All ER 823; [1982] 1 All ER 578 Timothy Saloman – Shipping – Charterparty – Arbitration clause – Bill of lading – Incorporation of conditions of charterparty – Whether arbitration clause incorporated into bill of lading
October 20, 1981
“I Congreso Del Partido” – playa Larga (Owners Of Cargo Lately Laden On Board) V. I Congreso Del Partido (Owners); Marble Islands (Owners Of Cargo Lately Laden On Board) V. I Congreso Del Partido (Owners)
[1983] 1 AC 244; [1981] 3 WLR 328; [1981] 2 Lloyd’s Rep. 367; [1981] 2 All ER 1064; [1980] 1 Lloyd’s Rep. 23 Timothy Saloman – Conflict of Laws – Sovereign immunity – Government-owned ship – Commercial transaction for supply of sugar from one state to another – Non-delivery of sugar on government orders following […]
July 16, 1981
“Gundulic” Itoh & Co. Ltd. -v- Atlantska Plovidba
[1981] 2 Lloyd’s Rep. 418 Timothy Saloman – Charter-party (Voyage) – Damage to cargo – Unseaworthiness – Cargo damaged by entry of seawater – Whether entry caused by defects in hatch covers – Whether personal want of due diligence on part of defendants – Gencon form
June 16, 1981
“Evelpidis Era” The First National Bank Of Chicago V. The West Of England Shipowners Mutual Protection And Indemnity Association (Luxembourg)
[1981] 1 Lloyd’s Rep. 54 Timothy Saloman – Insurance (Marine) – Protection and indemnity risks – Owners assigned benefits of all insurances to bank – Vessel sank – Whether club could set off amount due in respect of calls against any amount due from club – Whether notice of assignment and notice of default given […]
July 8, 1980
Hyundai Heavy Industries Co. -v- Papadopoulos And Others
[1980] 2 Lloyd’s Rep. 1; [1980] 2 All ER 29; [1979] 1 Lloyd’s Rep. 130 Timothy Saloman – Contract – Shipbuilding – Guarantee – Buyers defaulted in payment – Plaintiffs rescinded contract – Whether rescission based on contractual right – Writ issued after contract rescinded – Whether there was an accrued right to unpaid instalments […]
February 9, 1980
“Michael” Piermay Shipping Co. S.A. And Brandt’s Ltd. V. Chester
[1979] 2 Lloyd’s Rep. 1; [1979] 1 Lloyd’s Rep. 55; [1979] 1 Lloyd’s Rep. 17 Timothy Saloman – Insurance (Marine) – Scuttling – Total loss of vessel – Owners claimed for loss by perils of the seas – Whether claim fraudulent – Claim for loss by barratry – Whether vessel deliberately sunk with knowledge and […]
February 14, 1979
“Rolimpex” Czarnikow Ltd. -v- Centrala Handlu Zagranicznego
[1979] AC 351; [1978] 2 Lloyd’s Rep. 305 Timothy Saloman – Sale of goods (f.o.b.) – Prohibition of export – Force majeure – Sugar sold to English merchants by Polish state enterprise – Clause in contract excusing non-delivery caused by force majeure including government intervention – Export of sugar forbidden by decree of Polish government […]
July 6, 1978
Jade International Steel Stahl Und Eisen G.M.B.H. Co. K.G. -v- Robert Nicholas (Steels) Ltd.
[1978] 2 Lloyd’s Rep.; [1978] 3 WLR 39 [1978] QB 917; [1978] 3 All ER 104 Timothy Saloman – Bill of Exchange – Notice of dishonour – Claim by holder for payment – Dishonoured bill of exchange returned to drawer by holder in due course – Drawer applying as holder of bill for summary judgment […]
February 24, 1978
“Aventicum”
[1978] 1 Lloyd’sRep. 184 Timothy Saloman was involved in this practice-Action in rem-Jurisdiction- Whether vessel beneficially owned by defendants- Whether writ and all subsequent proceedings should be set aside for lack of jurisdiction- Whether cargo-owners’ action time barred- Administration of Justice Act, 1956, s.3(4)- R.S.C., O. 18, r. 19.
August 17, 1977
