Procedure

[2010] 1 Lloyd’s Rep 59 Richard Southern Q.C. led Richard Sarll for Classic Maritime in a claim under a contract of affreightment which was alleged to have been frustrated by reason of the worldwide downturn in international trade. Practice — Summary judgment — Contract of Affreightment containing arbitration agreement — Parent company guaranteeing charterers’ obligations […]

[2006] EWHC 2531 (Comm) David Allen, Charles Holroyd – Procedure, indemnity costs application, whether a party is liable to pay costs on the indemnity basis as a consequence of unreasonable expert evidence produced by it.

[2006] EWHC 2228 (Comm.) David Allen, Charles Holroyd – (Procedure, whether the trial judge can extend time for an application to the trial judge for permission to appeal to the Court of Appeal)

[2006] 1 Lloyd’s Rep. 429 (CA) Alex MacDonald successfully resisted a claim for indemnity under Art 37 of the CMR after a two-day trial. The case subsequently went to the Court of Appeal.

[2005] 1 Lloyd’s Rep. 531 Charles Priday acted in this classic jurisdiction dispute in Commercial Court. Practice – Claim form – Judgment entered in default of acknowledgement of service – Application to set aside – Claimant charterers applying without notice for extension of time for service of claim form out of jurisdiction – Claim form […]

[2001] 1 All ER (Comm) 993 Stephen Kenny – Practice – Service out of the jurisdiction – Necessary or proper party to action – Action properly brought against a person served in the jurisdiction – Person out of jurisdiction a necessary or proper party to action – Judge granting permission to serve out of jurisdiction […]

[2001] Lloyd’s Rep. 698, 719, [2002] 2 Lloyd’s Rep. 238 Stephen Hofmeyr Q.C. and Stephen Kenny acted for the claimant shipowners, who recovered their salvage payments from hull and machinery underwriters. The judge also awarded enhanced interest and indemnity costs under CPR Part 36. Practice – Procedure – Evidence – Perils insured against – Vessel […]

[2001] 2 Lloyd’s Rep. 33 David Allen was involved in this matter concerning principles for striking out a claim under CPR 3.1 and 3.4 and the interrelationship between those provisions and CPR 51-PD-19 Practice – CPR 51-PD19 – CPR 3.9 – Application to lift stay – Application to strike out – Dispute under contract for […]

[2000] 2 Lloyd’s Rep. 418 Sioban Healy acted in this Jurisdiction/forum conveniens where underwriters have registered to do business overseas. Practice – Jurisdiction – Application to set aside – Forum non conveniens – Application for negative declaratory relief – Proceedings commenced in Canada – Whether Canada more appropriate forum – Whether English action should be […]

[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 – […]

[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 […]

[1999] 2 Lloyd’s Rep. 632; [1999] 2 All ER (Comm) 899 Dominic Kendrick Q.C. led David Allen; and Richard Southern acted in this matter involving Civil Jurisdiction and Judgments Act 1982, Schedule Articles 17, 21 and 22, whether English or French Court first seized, whether French Bank bound by exclusive jurisdiction clause, whether English proceedings […]

[2000] 2 Lloyd’s Rep. 298 David Edwards acted for two bunker suppliers resisting claims by shipowners and successfully having the proceedings stayed on jurisdictional grounds Practice – Stay of action – Articles 21 and 22 – Claims by suppliers of bunkers to vessel – Vessel arrested in Belgium – Proceedings brought in Belgium and in […]

[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 […]

[1997] 2 WLR 401; [1997] QB 627; [1997] 1 All ER 842 David Bailey and David Allen – Solicitor – Costs – Lien – Plaintiffs having lien over client’s documents for unpaid fees – Client terminating retainer and requesting transfer of documents to defendants – Undertaking to hold documents to plaintiffs’ order – Defendants copying […]

[1997] 1 Lloyd’s Rep. 160 Stephen Kenny and Sioban Healy were involved in this case concerning the assertion of legal professional privilege in relation to documents created in the course of a joint investigation conducted by the owners of this vessel and its war risks insurers, following an explosion which caused her total loss. Held, […]

[1996] 2 Lloyd’s Rep. 640 Jonathan Gaisman QC and Christopher Butcher – Practice – Procedure – Privilege

[1995] 2 Lloyd’s Rep. 404 Jonathan Gaisman – Practice – Procedure – Witness statement

[1995] 1 All ER 587; [1995] 1 WLR 243 Stephen Hofmeyr – Court of Appeal – Appeal – Expedited appeal – Practice – Guidelines – Categories of appeal which will be considered favourably for expedited hearing

[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 […]

[1992] 2 Lloyd’s Rep. 274 Dominic Kendrick – Arbitration – Award – Costs – Allegation of error of law and technical misconduct on face of award – Separate award as to costs – Application for remission – Procedure to be followed

[1992] 1 ReLR 249; [1992] 1 Lloyds Rep 570; [1992] 2 All ER 82 Gavin Kealey – Practice and procedure – Jurisdiction – Service of writ outside the jurisdiction – Derivative claims -“Good arguable case” – Reinsurance-led environmental impairment liability pool covering United States risks – Disastrous losses resulting in complex disputes between parties – […]

[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 […]

[1992] 1 W.L.R. 270 Stephen Kenny acted in this leading case on the scope of legal set-off. This case established that, for the purposes of legal set-off, “mutual debts” refers to all liquidated claims, such that a cross-claim for short payment of the price on an earlier contract could be set off against a claim […]

(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 […]

[1988] 1 Lloyd’s Rep. 487 Stephen Hofmeyr – Carriage by road – CMR – Contribution notice – Application to set aside – Goods lost in transit – Plaintiffs sued CMR carriers – Third defendants served notice of contribution on fourth defendants – Whether third defendants’ claim and proceedings bad in law – Whether fourth defendants’ […]

[1988] 1 Lloyd’s Rep. 245 Jonathan Gaisman – Charter-party (Voyage) – Limitation of time – Stay of action – Appointment of arbitrator eight weeks out of time

[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

[1984] 2 Lloyd’s Rep. 380 Jonathan Gaisman – Bill of lading – Stay of action – Exclusive jurisdiction clause – Practice – Stay of proceedings – Whether assignee of debt arising out of contract entitled to benefit of arbitration clause