Shipping, admiralty & transport

Herculito Maritime Limited and others v Gunvor International BV and others [2020] EWHC 3318 (Comm) During a voyage from St Petersburg to Singapore with a cargo of 69,493.28 metric tons of fuel oil, MV POLAR was seized by Somali pirates while she was transiting a designated ‘High Risk Area’ in the Gulf of Aden off […]

Aegean Baltic Bank SA v Renzlor Shipping Ltd [2020] EWHC 2851 (Comm) Peter MacDonald Eggers QC and Henry Moore have secured a judgment worth c. US$10 million in a loan finance dispute in which they acted for the Claimant, Aegean Baltic Bank S.A. (“the Bank”). The dispute concerned the Defendants’ allegations that the Bank as […]

Argentum Exploration Limited v 2391 bars of Silver formerly laden on board SS “TILAWA” and all persons claiming to be interested in and/or to have rights in respect of the Silver [2020] EWHC 3434 (Admlty) Stephen Hofmeyr QC, representing the Salvors of 2364 bars of silver recovered from the wreck of the SS TILAWA which […]

Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Limited [2020] EWHC 803 (Comm) The Commercial Court (Knowles J) has handed down judgment in a preliminary issues trial concerning the proper characterisation of a shipbuilding guarantee: Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Limited [2020] EWHC 803 (Comm). The principal issue […]

Suez Fortune Investments Ltd & Piraeus Bank AE v. Talbot Underwriting Ltd & others [2019] EWHC 2599 (Comm) The Commercial Court has handed down judgment in Suez Fortune Investments Ltd & Piraeus Bank AE v. Talbot Underwriting Ltd & others [2019] EWHC 2599 (Comm), concerning the loss of the oil tanker Brillante Virtuoso. Following a […]

The Commercial Court today handed down judgment in arbitration appeals concerning the validity of cancellations by Charterers and Sub-Charterers.  The judgment highlights a very important issue as to the effect of laycan deadlines and rights of cancellation. Nearly all charterparties stipulate for a cancelling date on which charterers will have the right to cancel, and […]

Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102 The decision of the Court of Appeal in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102 (27 June 2019), in which Richard Southern QC and Andrew Pearson represented the successful Appellant, will be important reading for all those concerned with claims […]

[2019] EWHC 231 (Comm) The Commercial Court handed down judgment on 8 February 2019 in HSBC Bank Plc v Pearl Corp & Ors. [2019] EWHC 231 (Comm), upholding HSBC Bank Plc’s $9 million claim against the personal guarantor of two $15 million facility agreements. HSBC had advanced $30 million to finance the acquisition of two […]

NatWest Markets plc v Stallion Eight Shipping Co. S.A. [2018] EWCA Civ 2760 In this appeal, Robert Bright Q.C. and Charles Holroyd, instructed by Watson Farley Williams, successfully represented the respondent bank.  The appeal was brought by a vessel owner against a decision of Teare J., who had dismissed the owner’s application to have its […]

[2018] EWHC 2790 (Comm) Charles Holroyd (instructed by Reed Smith LLP) acted for the Security Trustee under a Loan Agreement and successfully obtained an interim injunction requiring Fire Navigation Inc (“Owners”), owners of the m.t. “MEGACORE HONAMI” (“the Vessel”), to surrender possession of the vessel. The Security Trustee’s case was that the Owners had defaulted […]

[2018] EWHC 2643 (Comm) Jawdat Khurshid QC and Anna Gotts acted for the successful insured in expedited proceedings brought against various Lloyd’s syndicates for an indemnity under a marine cargo insurance policy arising out of the loss of cargoes shipped to Iran in 2012.  The defendant insurers resisted liability on the basis that payment “would […]

NatWest Markets plc v Stallion Eight Shipping Co. S.A. [2018] EWHC 2033 (Admlty) In a decision that will be of interest to all shipping and admiralty lawyers, Robert Bright Q.C., Charles Holroyd and Marcus Mander instructed by Watson Farley Williams, have successfully defended an application by a vessel owner to have its vessel released from […]

[2018] EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]

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 […]

On 25 October 2017 the Supreme Court handed down judgment in the matter of Mitsui & Co Ltd & others v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & anor, (“The Longchamp”) [2017] UKSC 86. Stephen Kenny QC and Richard Sarll acted on behalf of the successful appellants.  The Supreme Court reversed the decision of […]

[2017] EWHC 1904 (Comm); [2017] 2 Lloyd’s Rep. 295 Peter Macdonald Eggers QC and Sandra Healy act for the Claimants, who are hull and machinery insurers, in an action to recover insurance proceeds paid by them, under or pursuant to a settlement agreement, to the owner, manager and mortgagee of the vessel Atlantik Confidence which was lost […]

On 7 July 2017 judgment was given by Mrs Justice Carr in the matter of Vitol SA v Beta Renowable SA, a claim for non-delivery of biofuels, in which Richard Sarll acted for the defendant supplier.  The judgment contains an interpretation of interdependent obligations in the sale of goods (e.g. the need for the buyer […]

Dominic Kendrick QC and Gavin Geary were instructed on behalf of the successful time charterers in this appeal to the Supreme Court. The Ocean Victory was lost whilst leaving Kashima in a strong northerly gale. The vessel left the port due to difficulties at berth caused by long waves. At first instance, the Judge held […]

[2017] EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial.  In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]

The claimant brokers, POC, advanced claims for damages, originally in excess of US$100 million, for lost brokerage commissions arising from the early termination by Unipec Asia of a long term contract of affreightment with Tankers International LLC (“TI”).  POC, who acted as  TI’s brokers claimed that both Unipec UK and Unipec Asia, subsidiaries of Unipec, […]

The Cape Bari [2016] UKPC 20 On 25th May 2012, at 1318 hours, the vessel Cape Bari arrived at Freeport, Grand Bahama, with a view to berthing the vessel in order to load a cargo of ERHA crude oil at the facility owned and operated by BORCO. At or soon after 1330 hours, two pilots […]

On 5th-6th July 2011 the vessel Brillante Virtuoso was severely damaged by fire while off the coast of Aden, Yemen. The Claimants (the vessel’s owners and its mortgagee bank) maintained that the fire was caused by pirates (or thieves or terrorists or persons acting maliciously or from a political motive) and claimed under its war […]

The Supreme Court has this morning handed down its judgment in the “Res Cogitans” (PST Energy 7 Shipping LLC and another v OW Bunker Malta Ltd and another [2016] UKSC 23). The judgment marks a resounding success for the respondents, OW Bunker Malta Ltd (“OW Malta”) and ING Bank NV (“ING”), who were represented by […]

Surprisingly little law exists on the question whether a pre-action offer made by a prospective defendant is capable of acceptance by a prospective claimant after a relevant time limitation period has intervened. On 27 November 2015 Mr Justice Males, sitting in the Admiralty Court, handed down a judgment which touches upon that question, albeit in […]

(1) PST Energy 7 Shipping LLC (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Ltd (2) ING Bank N.V. [2015] EWCA Civ 1058 Robert Bright QC and Marcus Mander have again succeeded in proceedings arising out of the collapse of the OW Bunker group – this time with Clara Benn, in an […]

Admiralty practitioners and other dedicated readers of the Lloyd’s Law Reports will be aware of a spree of recent decisions of the Admiralty Court concerning the 2-year time limitation period prescribed by section 190, Merchant Shipping Act 1995 for the commencement of collision actions. Those cases are: CDE SA v Sure Wind Marine Ltd (The […]

When is a sale not a sale? When it’s OW Bunker (1) PST Energy 7 Shipping LLC (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Ltd (2) ING Bank N.V. [2015] EWHC 2022 (Comm) Robert Bright QC and Marcus Mander have won twice over for ING in its proceedings against the PST […]

English High Court boost for Hong Kong arbitration Robert Bright QC succeeded in an arbitration claim on a fixture note providing: “Arbitration: Arbitration to be held in Hong Kong. English law to be applied,” as well as incorporating Gencon 1994. The issue was whether the Arbitration Act 1996 applied, either because the arbitration itself was […]

The Ocean Victory was “a remarkable maritime casualty”, the vessel rendered a total loss whilst leaving Kashima in a strong northerly gale. The vessel left due to difficulties at berth caused by long waves. The Judge below found in favour of the owners/demise charterers: the port was unsafe and the whole loss was recoverable from […]

[2015] EWHC 42 (Comm) On 5th-6th July 2011, the vessel Brillante Virtuoso was taken by pirates off the coast of Aden, Yemen. The pirates ordered the vessel to proceed to Somalia, but after the vessel’s main engine stopped and could not be restarted, the pirates detonated an incendiary device in the vessel’s engine room. The […]

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 […]

The Ocean Glory concerned a challenge to an arbitral award on the ground of serious irregularity under section 68 of the Arbitration Act 1996. The Commercial Court considered and affirmed the duty incumbent on arbitrators to give notice to the parties where they intend to adopt a course of action which neither party had advocated, […]

On 24 October 2014 Stephen Hofmeyr QC, sitting as a Deputy District Judge, handed down judgment in the matter of the “Longchamp” (Mitsui & Co Ltd & Others v Beteiligungsgesellschaft LPG Tankerflotte MbH & Co KG & Anor [2014] EWHC 3445 (Comm). This decision is the latest in a spate of cases over recent years […]

As an alternative to an anti-suit injunction (outlawed in the EU by Turner v Grovit and West Tankers), the Commercial Court confirms that an award of damages for breach of an English Jurisdiction Clause is compatible with EU law. Mr Justice Flaux’s decision in Starlight Shipping Company v Allianz Marine and Aviation Versicherungs AG & […]

On 21 June 2008, the passenger cargo vessel, Princess of the Stars, was lost in the Philippines after sailing into Typhoon Frank. Tragically, over 800 lives were also lost. The owners of cargoes on board the vessel claimed against the shipowner and in some cases also against the shipowner’s cargo liability insurer, Oriental. Oriental had […]

The Court of Appeal confirms that an award of damages for breach of a jurisdiction clause is not inconsistent with EU law. To view the judgment, please click here.

In Martrade Shipping & Transport GmbH v United Enterprises Corporation [2014] EWHC 1884 (Comm), on an appeal under section 69 of the Arbitration Act 1996, Mr Justice Popplewell: (1) Set out guidance on the operation of section 12(1) of the Late Payment of Commercial Debts (Interest) Act 1998, in particular in relation to the purpose […]

On 5 June 2014, the Court of Appeal dismissed the appeal of the Owners of Falkonera, a very large crude carrier (VLCC) against the judgment of Mr Justice Eder. David Allen Q.C. and N.G. Casey of 7 King’s Bench Walk acted for the successful respondent Charterers. Charterers had chartered Falkonera on amended BPVOY4 terms. Under […]

Hamblen J decides the proper construction of a letter of undertaking provided to “owners” by time charterers as security for the potential liability in general average of cargo interests: meaning of “proper proportion” and “ascertained to be due”: the nature of ‘on-demand guarantees’: State Trading Corp of India Ltd v Doyle Carriers Inc (The Jute […]

David Bailey QC and Marcus Mander acted for the Seller before the Court of Appeal in a dispute arising under a Memorandum of Agreement for the sale of a vessel on Norwegian Saleform 1993 terms.  The dispute raised the controversial question as to the Seller’s entitlement to claim the deposit in circumstances where the Buyer […]

In an important judgment upholding the integrity and effectiveness of exclusive jurisdiction clauses generally and settlement agreements specifically, the Supreme Court, reversing the decision of the Court of Appeal, has held inter alia that a claim for breach of a settlement agreement and/or an exclusive jurisdiction clause will not attract a mandatory stay under Article […]

On 21 June 2008, the passenger cargo vessel, Princess of the Stars, was lost in the Philippines after she sailed into the midst of Typhoon Frank. Tragically, over 800 lives were also lost. The owners of cargoes on board the vessel brought claims against the owner of the vessel and in some cases also directly […]

This judgment considers the law on the Sale of Goods Act implied terms of right to sell and quiet possession, and the law on force majeure. Robert Bright QC and Jessica Sutherland acted for Trafigura in its successful appeal from the judgment of Teare J of 27 June 2012. The dispute related to a chain […]

Sandra Healy acted for a mortgagee in ship mortgage enforcement proceedings.  Following the arrest of four mortgaged vessels, the mortgagee was granted orders for the sale of the vessels pendente lite and Teare J gave judgment addressing the principles applicable in circumstances where an in rem claimant seeks an order for the sale of a […]

(whether binding charterparty and arbitration agreement; construction of a “subject review” provision; whether there was a separable arbitration agreement; applications under sections 67, 68 and 69 of the Arbitration Act 1996).

Swallowfalls Ltd v Monaco Yachting & Technologies and another References: [2012] EWHC 2057 (Comm), [2012] EWHC 3616 (Comm) and [2013] EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]

Marcus Mander acted for the Seller in a dispute under a Memorandum of Agreement for the sale of a vessel on Norwegian Saleform 1993 terms which raised the controversial question as to the Seller’s entitlement to claim the deposit in circumstances where the Buyer fails to pay it and the Seller cancels the MOA, in […]

Falkonera Shipping Co. v. Arcadia Energy Pte. Ltd [2012] EWHC 3678 (Comm.) (20 December 2012) David Allen QC led Noel Casey in this case before Eder J. successfully claiming that the Owner of the Falkonera had unreasonably refused Arcadia’s requests to transfer crude oil in a ship-to-ship transfer operation from one VLCC to another VLCC.  […]

Alex MacDonald was involved in this decision relating to security for costs/payment into court in connection with arbitration appeal, including issue as to effect of set-off.

Charles Priday acted in this successful appeal against arbitration award dismissing claims under a chain of charters.  Raised issues of interpretation of awards.

In this case, the Court reviewed the principles applicable to an application for a stay of proceedings in relation to a claim by London Reinsurers for a declaration of no liability to a Philippine reinsured in respect of a shipowner’s alleged cargo liabilities arising out of the loss of a ferry during Typhoon Frank in […]

In this case, the Court reviewed the principles applicable to an application for a stay of proceedings in relation to a claim by London Reinsurers for a declaration of no liability to a Philippine reinsured in respect of a shipowner’s alleged cargo liabilities arising out of the loss of a ferry during Typhoon Frank in […]

Acted for a bunker supplier in a successful application to discharge an anti-suit injunction. The application raised issues about the construction and effect of a non-exclusive jurisdiction clause, the duty of full and frank disclosure and notification of applications. To view the judgment click here.

Charles Priday acted in this successful claim for detention of vessel ANDRA in St Petersburg as a result of unjustified US$ 2 million claim for cargo damage.

Charles Priday acted as Counsel successfully in resisting appeal against arbitration award, raising important issues on (1) off-hire under time charters (2) serious irregularity under Arbitration Act 1996 (3) interest claims under Late Payment of Commercial Debts (Interest) Act 1998.

This appeal to the Supreme Court concerned the rights of an owner of a time-chartered ship after the ship has been lawfully withdrawn for non-payment of hire and, specifically, the owner’s right to remuneration whilst awaiting discharge of cargo by the charterer. In finding that the owner could recover the market rate of hire from […]

A claim in the Commercial Court brought by the owner of the pipe laying vessel ‘Acergy Falcon’ against a ship repair yard for loss and damage to the vessel caused by a fire. 

David Bailey QC, Marcus Mander and Elizabeth Lindesay acted for Owners in the latest instalment of the Front Comor case, in which Flaux J. allowed an appeal by Owners from an arbitration award in respect of Owners’ claim against Italian Insurers for equitable damages for breach of the obligation to arbitrate. As is well-known, in […]

Charterparty, Jurisdiction, Statute of Frauds 1671, Guarantee

Peter MacDonald Eggers was involved in this case which concerned the construction of an off-hire clause and the Conwartime Clause in a charterparty and whether a piratical seizure was an off-hire event.

[2012] EWHC 540 (Comm) cargo liability reinsurance; typhoon warranty; case management stay

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 […]

Arbitration — Enforcement of English award — Whether declaration is a means of enforcement — Effect of declaration on later EU judgment — Arbitration Act 1996, section 66 — Council Regulation (EC) No 44/2001, articles 33 and 34. David Bailey QC and Marcus Mander successfully acted for the Claimant on an application by the Defendants […]

James Drake QC and Emma Hilliard appeared for the Claimants; David Bailey QC and Jocelin Gale appeared for the Intended Defendant. Practice – Compromise – Shipowner bringing proceedings against insurers for indemnity under marine insurance policy – Action settled on terms set out in Tomlin Order – Shipowner subsequently bringing claims against insurers in Greece […]

Stephen Kenny QC acted in this charterparty construction dispute for the claimant charterers, Hyundai Merchant Marine,. The preliminary issue to be determined was whether that the relevant speed and consumption guarantees in a chain of charterparties had only promised the guaranteed level of performance in good weather (BF4 and below) , or in all weathers. […]

[2011] EWHC 3103 (Comm) This is another in the line of cases deciding whether a commercial instrument is a “demand” or a “see to it” guarantee; but it also involved a careful consideration of many of the “predictable” defences raised on a claim under a guarantee, namely, variation of the underlying contract, non-disclosure of material […]

Appeared in the Commercial Court with Vasanti Selvaratnam QC in proceedings concerning a claim to enforce charterparty guarantees worth over US$40million. To see the judgment click here.

Charles Priday acted for the appellant charterers in this successful appeal to the Commercial Court from an arbitration award. Time Charterparty – Charterers’ premature redelivery – assessment of damages in circumstances where no available market at date of termination

On 7th April 2011, Arash Shipping commenced proceedings against Groupama Transport. Those proceedings raised two principal issues, namely: Whether the automatic extension of the policy of marine insurance issued by Groupama Transport in respect of 5 fleets of vessels was not prohibited by Council Regulation (EU) No 961/2010 (which entered into force on 27th October […]

In this case Stephen succeeded in setting aside an injunction obtained ex parte by Stellar Shipping restraining Cosco from selling a 79,000 dwt bulk carrier to a party other than Stellar Shipping.   Stellar Shipping and Cosco had entered into a shipbuilding contract for the construction of the ship with a sale price of US$49.8 million […]

Peter MacDonald Eggers was involved in this case that concerned an appeal from an arbitration award as to jurisdiction and whether or not a charterparty had been concluded.

Mr Berezovsky instructed Edmiston & Company Limited (“Edmiston”) to find a buyer for a luxury yacht, the DARIUS (“the Yacht”), while she was still under construction at the Lürssen shipyard in Germany.  There was no written brokerage agreement.  Edmiston (through a sub-broker) passed details of the Yacht to an Emirati family, the Al Futtaims.  In […]

[2011] 2 Lloyd’s Rep 141; [2011] EWHC 181 (Comm) On 24 December 2008, the vessel “SILVA” was arrested, when passing through the Suez Canal. It was arrested by an Egyptian court, in respect of unpaid court fees owed by the unrelated owners of an unrelated vessel. Two years later, it had still not been released, […]

[2011] EWCA Civ 24 Peter MacDonald Eggers and Sarah Cowey were involved in this decision – the first case involving a piracy claim under an insurance policy for more than 150 years – clarifies the law of marine insurance, piracy and total losses, and the treatment of ransom payments as a matter of English law […]

Robert Bright QC, Charles Holroyd – Whether the parties to an arbitration agreement could confer on the Court jurisdiction to hear appeals on issues of fact

[2010] EWHC 2661 (Comm) Christopher Butcher QC – Oil Pollution – Counter Terrorism Act; Financial Restrictions (Iran) Order – Effect of Club cover for Liability and Frustration of Contract. Under the International Convention on Civil Liability for Bunker Oil Pollution Damages 2001 a vessel trading in the waters of states who are parties to the […]

[2011] 1 Lloyd’s Rep 550; [2010] EWHC 2617 (Comm) Richard Southern QC and Michael Holmes represented the charterers in this case concerning termination of a long term charter under the terms of an oil majors’ approval clause. The chaterers’ right of termination was successfully established in arbitration and the appeal to the Commercial Court was […]

[2010] EWCA Civ 1050; [2011] 1 Lloyd’s Rep. 399 David Bailey QC and Emma Hilliard appeared in Court of Appeal for the successful appellants in an appeal to from the decision to grant an anti-suit injunction.

[2010] EWHC 2531 (Comm) Peter MacDonald Eggers acted in this matter concerning the claim for privilege in respect of documents in the case of third party fraud.

[2010] WLR (D) 230 Timothy Brenton QC, Charles Holroyd – Appeal from arbitration award; the measure of damages in a claim for wasted expenditure.

[2010] EWHC 1883 (Comm) Stephen Hofmeyr Q.C. and N.G. Casey; David Allen Q.C. acted for the 1st and 2nd Defendants respectively. Were the defendant yacht brokers the “effective cause” of the sale of the super yacht Darius by Petersham Holdings Limited (“Petersham”) to Paragon International Limited, the corporate vehicle of the Al Futtaim family of […]

Arbitration between disponent owner and charterer (2010-ongoing): presently acting in claim for over US$10m arising out of losses alleged to arise out of incorporation of Hamburg rules into charterers’ bills. Arbitration involves issues of foreign law and navigational error.

Timothy Brenton Q.C. and Richard Sarll are acting for the owners of the “MSC Napoli” in connection with claims by a variety of interests arising out of the structural failure and subsequent beaching of the vessel. The parties are sufficiently numerous that the litigation has attracted the first Group Litigation Order to be made in […]

[2010] EWHC 903 (Comm) David Allen Q.C. appeared in this dispute before the Commercial Court (Steel J) which arose out of the termination of a Consecutive Voyage Charterparty.  Details of the case can be found here.

[2010] 1 Lloyd’s Rep. 1 Robert Bright Q.C. and Anna Gotts acted for the defendant shippers in a case arising out of the explosion of a dangerous and negligently stowed cargo. Carriage by sea — Dangerous cargo — Explosion of cargo of calcium hypochlorite in container — Cargo stowed near bunker tank — Crew heating […]

[2010] Lloyd’s Rep IR 1; [2009] Lloyd’s Rep IR 573 Jonathan Gaisman Q.C. and Peter MacDonald Eggers – On 17th July 2009, Mr Justice Tomlinson handed down judgment following the Phase 2 trial in the case involving the dredger “WD Fairway”. The current decision concerns the excess insurers’ entitlement to take over a vessel which […]

[2010] Lloyd’s Rep. IR 345; [2010] 1 Lloyd’s Rep. 509; [2010] 2 All ER 593; [2010] 1 All ER (Comm) 1067 Peter MacDonald Eggers and Sarah Cowey acted for insurers in relation to a marine insurance claim for an actual total loss or constructive total loss of cargo aboard a vessel seized by Somali pirates.

[2010] EWHC 442 (Comm) Peter MacDonald Eggers acted in this matter with Gavin Kealey Q.C. sitting as Deputy High Court Judge (challenges to maritime arbitration award for irregularity and permission to appeal).

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.

[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 […]

LOF arbitration concerning the salvage of the specialist vessel “ROCKNES”

[2010] 1 Lloyds Rep 468 Timohty Brenton Q.C. – Salvage. Appeal to High Court arising out of second highest ever award under LOF. Salvage — Remuneration — Assessment of award — Principle of encouragement — Whether tribunal entitled to take into account possibility that salvors might experience difficult economic conditions in future — Whether permissible […]

Appeared with Vasanti Selvaratnam QC before the Commercial Court in a case concerning linked jurisdiction and anti-suit injunction applications. The application raised issues about the law governing ostensible authority and about the separability of jurisdiction clauses. To view the judgment click here.

[2010] 2 Lloyd’s Rep. 158 Stephen Phillips QC and Richard Sarll – Charterparty (Voyage) — Anticipatory breach — Renunciation — Intention not to perform — Whether communications and conduct not individually amounting to a renunciation could cumulatively constitute a renunciation — Whether claimant’s subjective state of mind relevant — Impossibility — Asbatankvoy.

[2009] 1 Lloyd’s Rep. 213, [2009] 1 All ER (Comm) 568 Christopher Butcher QC and Alexander MacDonald acted in a claim under a novated shipbuilding contract for damages arising out of a breach of an arbitration agreement. Contract – Arbitration agreement – Third party commencing tort-based litigation in France – Third party subsequently becoming party […]

[2009] 1 Lloyds Rep 107; [2009] 1 All ER (Comm) 556 Gavin Kealey Q.C. led Noel Casey for Shipowners in claim under Shelltime 4 form. Charterparty (Voyage) – Gasoil and Mogas cargoes allegedly damaged by reason of failure to separate vapour phases from common inert gas line – Owners undertaking to operate inert gas system […]

[2010] 1 Lloyd’s Rep 183 (Teare J) Simon Picken QC and Jessica Sutherland successfully defended applications made by the Claimant (David Bailey QC) pursuant to sections 68, 69 and 70 of the Arbitration Act 1996. The appeal concerned the construction of section 2(2)(a) of the Carriage of Goods by Sea Act 1992 (CoGSA 92). The […]

LMAA arbitration between disponent owner and charterer (2009): Alexander MacDonald acted alone in a claim by disponent owner, successfully recovering over US$5m in respect of lost hire under three charters for specialised ethylene carriers. Arbitration involved issue as to whether charterer entitled to rely on illegality under foreign law, and validity of notice of withdrawal.

[2009] 1 AC 61; [2008] 3 WLR 345; [2008] 2 Lloyd’s Rep. 275; [2008] 4 All ER 159; [2008] 2 All ER (Comm) 753; [2008] 1 All ER (Comm) 685; [2007] 2 Lloyd’s Rep. 555; [2007] 1 Lloyd’s Rep. 19; [2007] 1 All ER (Comm) 379 Dominic Kendrick Q.C. and Benjamin Parker acted for the […]

[2010] 1 Lloyd’s Rep. 74 James Drake represented a substantial Hong Kong shipping concern which was the “middleman” in a contractual string between Turkish sellers and Greek buyers of a crude oil tanker. LMAA arbitration proceedings followed by s69 challenge to the Commercial Court. Sale of ship — Right of first refusal — MOA on […]

[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 […]

[2009] 1 Lloyd’s Law Reports Plus 82 Charles Priday and Sushma Ananda acted for the claimant in respect of a bailment dispute involving the theft of Bluetooth adaptors from a warehouse. Carriage of goods by road – Sub-bailment – Freight forwarder contracting to carry cargo of mobile telephone adaptors from shipper’s premises to airport and […]

[2009] 2 Lloyd’s Rep. 139; [2009] 2 All ER (Comm) 177 Charles Priday acted in this Commercial Court decision on the effect of redelivery notices under time charters. Charterparty (Time) — Charterers giving notice of expected redelivery — Owners fixing vessel’s further employment based on expected redelivery date — Charterers subsequently giving second notice with […]

[2010] 1 All ER (Comm) 473; [2009] 2 Lloyd’s Rep. 123 Robert Bright QC – Conflict of laws — Jurisdiction — Claimant recovery agent bringing proceedings in England against Swedish P&I Club in tort for procuring breach of contract and unlawful means conspiracy — Whether damage occurred in England — Council Regulation (EC) 44/2001, article […]

[2009] 1 AC 1138; [2009] 1 Lloyds Rep 413 Timothy Brenton QC and David Bailey QC acted in this matter – Arbitration — Anti-suit injunction — Judicial proceedings commenced in Italy — Alleged breach of arbitration clause for arbitration in London — Whether English court empowered to grant anti-suit injunction to restrain continuation of Italian […]

[2009] 1 All ER (Comm) 601 Dominic Kendrick QC – Shipping – Crew – Crew management agreement – Parties entering into crew management agreements on ‘lump sum’ basis – Claimant to receive half of monthly lump sum on termination of agreement by defendant – Parties amending agreements to be on ‘costs plus fees’ basis – […]

David Bailey Q.C. leading Alexander MacDonald – LMAA arbitration between German Shipyard and six purchasers (2009-ongoing): Acting for a German shipyard in connection with a high profile dispute concerning the construction of 6 ‘mega-yachts’, and successfully obtained a preliminary award concerning an outstanding instalment.

[2009] Lloyd’s Rep IR 149; [2009] 1 Lloyd’s Rep. 225; [2008] Lloyd’s Rep IR 610, [2009] 2 All ER (Comm) 387, [2008] 2 All ER (Comm) 574 David Bailey Q.C. Insurance – construction of warranty Insurance (marine) – Time policy on fishing trawler – Warranty requiring skipper and crew member to be on board at […]

[2009] 1 Lloyd’s Rep. 81; [2009] 1 All ER (Comm) 423 Stephen Hofmeyr QC led Sarah Martin; Robert Bright QC – Charterparty (Time) – Letter of indemnity – Charter containing provision obliging owners to deliver cargo without production of bills of lading against LOI – Cargo discharged against LOI requiring charterer to put up security […]

[2008] 2 Lloyd’s Rep. 685; [2009] 1 All ER (Comm) 1035 Michael Holmes – Sale of goods (cif) – Demurrage – Whether contract contained demurrage time bar clause – Whether parties concluded binding contract compromising demurrage claim – Unilateral mistake – Whether equitable jurisdiction to grant rescission where unilateral mistake not forming term of contract […]

[2008] 2 Lloyds Rep 119; [2008] 1 Lloyd’s Rep. 262; [2009] 1 All ER (Comm) 908; [2008] 1 All ER (Comm) 497 Gavin Kealey Q.C. acted for shipowners in claim against time charterers concerning effect of change of International Regulations on Shipowners’ obligations under Shelltime 4 form. Charterparty (Time) – Change in international regulations – […]

[2008] 2 Lloyd’s Rep. 628 David Bailey Q.C. – voyage charter – safe berth – implied warranty Charterparty (Voyage) – Specified load port named in berth charter – Port containing several berths to which vessel could be directed to load – Vessel sustaining damage while berthing – Whether charterparty containing implied term obliging charterers to […]

[2008] 2 Lloyd’s Rep. 602, [2009] 1 All ER (Comm) 479 Richard Waller – Practice – Freezing injunction – Shipowners bringing London arbitration proceedings and obtaining attachment order in New York in support of arbitration claim – Charterers counterclaiming that attachment order was wrongfully obtained and obtaining freezing injunction – Whether injunction should be discharged […]

[2009] 1 All ER (Comm) 1067; [2008] 2 Lloyds Rep 516 Timothy Brenton Q.C acted in this Salvage mater, involving the relevance of commercial rates when assessing salvage remuneration. Salvage – Remuneration – Assessment of award – “Disparity principle” – Whether principle that salvage awards in straightforward towage cases should be influenced by commercial rates […]

[2008] EWHC 1619 (Comm) Timothy Brenton QC and Jessica Sutherland acted for the Claimant in its successful appeal from a partial arbitration award pursuant to section 69 of the Arbitration Act 1996. The appeal concerned the interpretation of sections 2(2) and 2(4) of the Carriage of Goods by Sea Act 1992 and issues of contractual […]

[2008] 2 Lloyd’s Rep. 269 Robert Bright QC and Jessica Sutherland acted for the Claimant, successfully obtaining a permanent anti suit injunction in support of English arbitration proceedings. The application raised issues as to the interrelationship between sections 1(c) and 44 of the Arbitration Act 1996 and section 37 of the Supreme Court Act 1981. […]

[2008] 1 Lloyd’s Rep. 428 Charles Priday acted in Commercial Court decision on the effect of a time charter profit-sharing clause. Charterparty (Time) – Extension – Profit sharing clause – Whether profit sharing clause applied also to extension at charterers’ option.

[2008] 1 Lloyd’s Rep. 511, [2008] 2 All ER (Comm) 330 Rebecca Sabben-Clare – Charterparty – Demurrage – Commencement of laytime – Whether notice of readiness validly tendered – Whether charterers waived defect.

[2008] 1 Lloyd’s Rep. 254, [2007] 2 Lloyd’s Rep. 267, [2007] 4 All ER 951, [2007] 2 All ER (Comm) 1053, [2007] 1 All ER (Comm) 891 Christopher Butcher QC – Arbitration – Charterparty providing that “Any dispute arising under this charter” should be referred to London arbitration – Shipowners bringing court proceedings claiming rescission […]

Commercial Court, March-October 2007 Successfully obtained freezing order, and subsequently summary judgment, in claim for over US$2 million under Bills of Exchange Act 1882.

[2008] 1 All ER (Comm) 385; [2007] 2 All ER (Comm) 149; [2007] 2 Lloyd’s Rep. 622 Dominic Kendrick QC and Charles Holroyd – Bill of lading – Forged bills – Misdelivery – Whether shipowners entitled to rely on limitation provisions in bill of lading and Hague/Hague-Visby Rules – Whether cargo owners entitled to recover […]

[2007] 1 Lloyd’s Rep. 104 Gavin Geary – Letter of undertaking – P&I Club – Application to Italian court for arrest of vessel – Club issuing letter of undertaking – Judgment obtained by claimant – Whether judgment valid – Allegation of sharp practice against claimant – Misdescription of beneficiary of LOU – Whether implied term […]

[2007] 2 Lloyd’s Rep. 542; [2007] 2 All ER (Comm) 548; [2006] 2 Lloyd’s Rep. 543; [2006] 2 All ER (Comm) 913 Robert Bright QC – Sale of goods (fob) – Construction – Nominated vessel arriving within laycan period – Delay by sellers in loading vessel – Buyers terminating contract for repudiatory breach – Whether […]

[2007] 2 Lloyd’s Rep. 14; [2005] 1 Lloyd’s Rep. 443 (CoA); [2003] EWHC 16 (Comm) David Allen – Damages: repudiatory breach of charterparty in 2001 – outbreak of war in 2003 – whether the charterparty war clause served to cap damages, the date for assessing damages in contract Charterparty (Time) – Damages – Each party […]

[2007] 1 Lloyd’s Rep. 391; [2005] 2 Lloyd’s Rep. 257; [2007] 1 All ER (Comm) 794; [2005] 2 All ER (Comm) 240 Timothy Brenton Q.C. and David Bailey – This matter arose out of a collision between a vessel and a jetty in Italy. At the interlocutory stage the matter went to the House of […]

[2007] 2 Lloyd’s Rep. 24, [2007] 2 All ER (Comm) 756, [2006] 2 Lloyd’s Rep. 280 Alistair Schaff QC and Richard Waller – Contract – Option agreement – Buyer having option to purchase two vessels from shipbuilders – Option agreement providing for vessels to be delivered by specified dates with earlier delivery if possible – […]

[2007] 1 Lloyd’s Rep. 555 Jonathan Gaisman QC and James Brocklebank – Contract – Sale of gasoline providing for independent inspection – Buyer entering into sub-sale with similar provision – Inspection company providing certificate stating “Fuel meets specification” – Doubts raised as to correctness of certificate – Inspection company standing by certificate – Buyer insisting […]

[2007] 1 Lloyd’s Rep. 104 Gavin Geary acted in this matter involving – Letter of undertaking – P&I Club – Application to Italian court for arrest of vessel – Club issuing letter of undertaking – Judgment obtained by claimant – Whether judgment valid – Allegation of sharp practice against claimant – Misdescription of beneficiary of […]

[2006] 2 Lloyds Rep 251; [2006] 2 All ER (Comm) 813 Timothy Brenton Q.C. – Construction and effect of laytime provisions. Charter-party (Voyage) – Laytime – Calculation – Charter providing that laytime should not commence before earliest layday unless charterer consented in writing – Charterer instructing vessel to tender NOR and berth prior to earliest […]

[2006] Lloyd’s Rep. IR 704; [2006] 1 All ER (Comm) 665 Dominic Kendrick Q.C. and David Bailey acted in loss of a vessel through fire and the construction of a marine insurance warranty. The true factual position with regard to the crewing of the Vessel at any particular time Insurance (marine) – Yacht insured against […]

[2006] 2 Lloyds Rep 238 Timothy Brenton Q.C. – Charter-party (Time) – Inter-Club Agreement – Construction – Cargo partially damaged due to unseaworthiness of vessel – Port authorities refusing to allow cargo to be discharged – Owners alleging that port authorities’ decision irrational and unforeseeable – Arbitrators holding that unseaworthiness caused loss – Whether arbitrators […]

[2006] 2 Lloyds Rep 147 Timothy Brenton QC and David Bailey – Arbitration – Arbitrators issuing award on substantive issues and reserving award on costs – Second award subsequently made on costs – Validity of costs award – Whether arbitrators failing to deal with costs so that time limits for supplementary award applied – Whether […]

[2006] 1 Lloyd’s Rep. 673; [2006] 2 All ER (Comm) 422 Michael Holmes – Towage – Claimant appointing defendant tug owner to tow vessel from Balboa to China – Defendant entering into agreement with Part 20 defendant tug owner – Vessel delayed in reaching China – Whether defendant in breach of obligation to carry out […]

[2005] 2 Lloyd’s Rep. 626 Richard Waller – Negligence – Occupiers’ liability – Vessel sustaining bottom damage – Whether damage caused while vessel berthed at defendant’s port – Whether damage caused by steel coil at bottom of berth – Whether defendant in breach of duty of care – Damages – Whether loss of profits to […]

[2005] 2 Lloyd’s Rep. 479 Anna Gotts represented the UK Mutual Steamship Assurance Association (Bermuda) Ltd in a two day Commercial Court trial concerning the alleged breach of a letter of undertaking.

[2005] 2 Lloyd’s Rep. 692; [2005] 2 All ER (Comm) 441 Stephen Hofmeyr QC – Charter-party (Time) – Clause requiring master to reject “any cargo that is subject to clausing of the bills of lading” – Shippers tendering damaged cargo – Master rejecting cargo on basis that it was “subject to clausing” on bills of […]

[2005] 1 Lloyd’s Rep 640 Stephen Hofmeyr QC and Gavin Geary – Arbitration – Award – Application to set aside – Cargo damaged by fire in hold – Dispute referred to arbitration – Arbitrators found in favour of shipowners on basis that fire had started accidentally and shipowners had exercised due diligence – Cargo owners […]

[2005] 1 Lloyd’s Rep. 640 Stephen Hofmeyr QC and Gavin Geary – Arbitration – Award – Application to set aside – Cargo damaged by fire in hold – Dispute referred to arbitration – Arbitrators found in favour of shipowners on basis that fire had started accidentally and shipowners had exercised due diligence – Cargo owners […]

[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’ […]

[2005] Lloyd’s Rep IR 490; [2005] 1 Lloyd’s Rep. 547 Stephen Kenny acted for the claimant shipowners, whose hull and machinery policy on their trading vessel “Thor II” was found by the Court to be an unvalued policy. A claim to rectify the policy failed. Insurance (marine, hull and machinery) – Constructive total loss of […]

[2005] 1 Lloyd’s Rep. 531 Charles Priday – 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 served on defendant shipowner in Malta – Defendant […]

[2005] 1 Lloyd’s Rep. 128 Adam Fenton QC and Robert Bright – Contract – Sale of fuel oil – Whether implied term that fuel oil should consist of components supplied by buyer under separate contract – Whether contract varied so as to extend delivery date – Whether buyer estopped from denying extension of delivery date […]

[2005] Lloyds Rep 91; [2005] 1 All ER (Comm) 99 Timothy Brenton Q.C. – Salvage. Effect of fault on part of salvor. Article 18 of the Salvage Convention. Salvage – Remuneration – Assessment of award – Tug and tow – Jack up rig – Tow imperilled by severe weather conditions – Tugs providing services to […]

[2004] 2 Lloyd’s Rep 626 Gavin Geary acted in this Arbitration matter – Shipping – Sale of vessel – Dispute as to cost of repairs to be paid for by sellers – Arbitration award not containing reasons – Reasons given in separate confidential document – Application to set aside award for serious irregularity under s. […]

[2004] 2 Lloyd’s Rep. 469 Rebecca Sabben-Clare – Admiralty practice – Limitation of liability – Collision in River Seine – Time-charterers of colliding vessel bringing action against owners of vessel – Vessel owners bringing limitation action and constituting limitation fund – Preliminary issue as to whether time-charterers’ claims subject to limitation – Limitation Convention, 1976.

[2004] 1 Lloyd’s Rep IR 690 Dominic Kendrick QC and Alexander MacDonald successfully resisted a reverse summary judgment application brought by the insurer. The case concerned (amongst other things) allegations of fraudulent claim under policy of marine insurance, and questions of causation of loss. The case concerned the significance of a back-dated surveyors certificate in […]

Timothy Brenton Q.C. and David Bailey – Bill of lading, whether casualty caused by actionable unseaworthiness. (Opponents conceded liability during trial).

[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 […]

[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 […]

[2004] 1 Lloyd’s Rep. 48 David Bailey – Oil pollution – construction of the Cristal contract Contract – Construction – Cristal contract – Oil spill – Whether compensation paid by claimants in settlement of claims brought by U.S. Department of Justice on behalf of U.S. Oil Spill Liability Trust Fund constituted “amounts paid by a […]

[2003] 2 Lloyd’s Rep. 693 Rebecca Sabben-Clare and Jawdat Khurshid – Charter-party (Time) – Redelivery – Hire – Vessel arrested by charterers – Whether hire continued to be payable – Whether charterers in repudiatory breach of contract in redelivering vessel – Owners not accepting repudiation – Whether owners bound to accept charterers’ repudiation and sue […]

[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 […]

[2003] 2 Lloyd’s Rep. 364 Stephen Kenny acted for the Defendant, BP France, which successfully asserted its right to be sued in its country of domicile (France). The case turned on English and European law on the incorporation of a charterparty jurisdiction clause into a bill of lading. Bill of lading – Exclusive jurisdiction clause […]

[2003] 2 Lloyds Rep. 188 Timothy Brenton Q.C. was involved in this action – collision involving vessels in crowded anchorage. Collision – Vessels at anchor – Apportionment of liability – Collision in Fujairah “B” anchorage – Allegations of fault – Whether claimants’ or defendants’ vessel 100 per cent. liable for collision – Apportionment of liability […]

[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 […]

[2003] 1 WLR 1015 Stephen Kenny was instructed by Holman Fenwick & Willan for the Respondent owners, who successfully resisted an application for leave to appeal from an arbitration award. The arbitrators had concluded that German participation in the NATO air operations over Serbia and Kosovo did not constitute “involvement in war”, and the charterers […]

[2003] 1 Lloyd’s Rep. 503 Richard Waller – Insurance (Cargo) – Settlement – Recovery – Cargo claim settled by underwriters – Claimants wrongly believed insured had not been paid and settled claim advanced by underwriters – Whether claimants’ settlement reasonable – Scope of claim that was settled – Whether reasonable investigation carried out – Whether […]

[2003] 1 Lloyd’s Rep. 296; [2003] 1 All ER (Comm) 277 Stephen Hofmeyr QC – Insurance (Marine) – Constructive total loss – Actual total loss – Fire discovered at purifier level in engine room – Vessel sank – Owners claimed for a CTL caused by fire and/or explosion – Whether vessel sank other than by […]

[2004] 1 Lloyd’s Rep. 567, [2002] 2 Lloyd’s Rep. 244 Sioban Healy acted in this measure of damages in string arbitration under a series of charterparties; calculation of laytime where no valid notice of readiness given. Charter-party (Voyage) – Detention – Laytime – Berth charter – Laytime to commence when notice of readiness given – […]

[2002] 2 Lloyds Rep. 57 Timothy Brenton Q.C. – Bill of lading, General average – Contribution – Unseaworthiness – Due diligence – Vessel sustained major engine breakdown necessitating towage – Owners claimed general average contribution from cargo interests – Whether owners failed to exercise due diligence to ensure vessel seaworthy – Whether cargo interests liable […]

[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 […]

[2002] 2 Lloyd’s Rep. 487; [2002] 2 All ER (Comm) 896; [2001] 1 All ER (Comm) 659 Sioban Healy acted in this dipute concerning whether despatch payable to charterers where no valid notice of readiness given. Charter-party (Voyage) – Laytime – Commencement – Invalid notice of readiness – Vessel completed discharge over extended period – […]

[2002] Lloyd’s Rep IR 795, [2002] 2 Lloyd’s Rep. 581 Stephen Hofmeyr QC and Gavin Geary – Insurance (marine) – Hull and Machinery policy – Cover for fire – Underwriters refusing to insure losses caused by war risks and malicious acts – Whether loss by fire included a fire deliberately caused by a third party […]

[2002] 2 Loyds Rep. 535 Timothy Brenton Q.C. – Unseaworthiness – Due diligence – Grounding – Chart discrepancy – Whether cause of grounding navigational error – Whether vessel unseaworthy – Whether defendants exercised due diligence – Discrepancy in Chilean charts – Whether claimants could recover salvage remuneration and return of general average security.

[2002] 2 All ER (Comm) 1 Richard Southern acted in the Court of Appeal; shipping, misdelivery of oil cargoes, jurisdiction of English court to order anti-suit injunction restraining proceedings in Georgia

[2002] EWCA Civ 251 Peter MacDonald Eggers acted in this matter involving sale of goods; gas oil; CIF; payment of price; section 49 of the Sale of Goods Act 1979.

[2002] 1 Lloyd’s Rep. 719 Charles Priday and Simon Kerr acted in this Leading case on liability for fire on board ships and on issues of unseaworthiness. Carriage by sea – Unseaworthiness – Due diligence – Fire broke out on pure car carrier – Vessel’s cargo destroyed and vessel rendered a constructive total loss – […]

[2002] 1 Lloyd’s Rep. 652, [2002] 1 All ER (Comm) 967 Stephen Phillips acted in this Marine Insurance Peril of Seizure Total Loss Proper Construction and Scope of Institute Cargo Clauses Marine insurance – Perils insured against – Seizure – Total loss – Customs officials wrongfully taking vehicles –Whether quayside ‘final place of storage’ of […]

[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 […]

[2001] EWCA Civ 1722 Timothy Brenton Q.C. acted is this Court of Appeal dispute involving the tort of procuring a breach of contract.

[2001] EWHC 482 (Comm) Stephen Hofmeyr QC led Gavin Geary in thiscase concerns fourteen supertrawlers built in Spain. The First and Second Claimants/Part 20 Defendants (“Bergen” and “Bolero”) are the registered owners of the supertrawlers. Bergen and Bolero are wholly owned subsidiaries of the Third Claimant/Part 20 Defendant (“Rybcomflot”). Rybcomflot is the successor, under an […]

[2001] 2 Lloyd’s Rep. 419; [2000] 1 Lloyd’s Rep. 282; [2001] 2 All ER (Comm) 805 Timothy Brenton Q.C. acted in this matter concerning a collision involving crossing vessels. Collision – Crossing vessels – Liability for collision – Collision in East China sea – Actions of stand-off and give-way vessels – Faults in navigation – […]

[2001] 2 Lloyd’s Rep 403; [1999] 2 Lloyd’s Rep. 11 Dominic Kendrick Q.C and Simon Kerr – This is an appeal against a judgment of David Steel J., sitting in the Admiralty Court, in two consolidated actions in rem. The judgment awarded the respondents, ‘MSC’, sums in excess of $6million, inclusive of interest and costs, […]

[2001] 2 Lloyds Rep 304 Timothy Brenton QC – General average – Cargo contribution – Unseaworthiness – Vessel en route to Quebec to load additional cargo – Crew member activated fuel tank’s emergency shut-off system – Vessel suffered complete electrical failure, grounded and suffered bottom damage – Glass panel in front of control box housing […]

[2001] 2 Lloyd’s Rep. 227; [2001] 2 All ER (Comm) 385 Dominic Kendrick QC – Shipbuilding contract – Default – Possession – Contract for building a drill-ship – Delays in completion and delivery – Builders tendered delivery – Owner alleged default by builders – Owner took possession of vessel and completed her elsewhere – Whether […]

[2002] Lloyd’s Rep IR 51, [2002] 1 All ER (Comm) 152; [2001] 2 Lloyd’s Rep. 698 Stephen Hofmeyr QC and Stephen Kenny – Insurance (marine) – Hull and machinery cover – ITC (Hulls) 1.10.83, Clauses 6 and 11 – Claim for salvage costs – Burden of proof – Proximate cause of loss – Whether loss […]

[2001] 2 Lloyd’s Rep. 203 Jonathan Gaisman Q.c. and Stephen Kenny – Saudi Aramco’s argument that it should not be joined to proceedings as a potential contributor because (a) this would outflank arbitration and jurisdiction agreements with those with whom it had contracted; and (b) a claim in contribution was unknown in its country of […]

[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 […]

[2002] 2 A.C 205; [2001] 1 Lloyd’s Rep. 663; [1997] 1 Lloyd’s Rep. 635 Jonathan Gaisman Q.C. and Stephen Kenny – Practice – Joinder – Jurisdiction – Application to set aside – Necessary and proper party to action – Sale of cargo of propane – Dispute as to contractual quality of propane – Buyers claimed […]

[2001] 2 Lloyd’s Rep 22; [2001] 2 All ER (Comm) 177 Gavin Geary acted in this matter – Practice – Jurisdiction – Application to set aside – Charterers brought interpleader proceedings to determine whether charter-party hire should be payable to owners or owners’ assignees – Leave to serve out of jurisdiction granted – Whether claim […]

[2001] 2 All ER (Comm) 243 Robert Bright – Negligence – Causation – Intervening act – Conduct of claimant – Contamination of parcel of ethylene – Coolant parcel indicating vessel unsuitable for carriage of ethylene – Loading continuing notwithstanding indication – Master playing little part in loading process – Owners admitting vessel unfit to carry […]

[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. 378 Jonathan Gaisman Q.C. and Rebecca Sabben-Clare for the Claimants. Insurance (Marine) – Non-disclosure – Total loss of vessel – Insurers alleged failure to disclose connection with Russian magnate – Enhanced risk to vessel – Whether assured failed to disclose material circumstances. Insurance (marine) – Utmost good faith – Assured company […]

[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 […]

[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 […]

[2001] 2 Lloyd’s Rep. 602 Stephen Hofmeyr – Insurance (Marine) – Charterer’s liability – Declaration – Open cover – Insured claimed in respect of accident which occurred on vessel – Underwriters alleged no timely declaration made in respect of vessel – Whether contract of liability insurance came into effect when vessel chartered by insured

[2001] Lloyd’s Rep IR 553; [2000] 2 Lloyd’s Rep. 102 Jonathan Gaisman QC and Rebecca Sabben-Clare – Practice – Anti-suit injunction – Declaratory relief – Collision in Atlantic – Action brought in Louisiana – Insurers applied for anti-suit injunction and declaratory relief – Consideration of exclusive jurisdiction and English proper law clauses – Whether claim […]

[2000] 2 Lloyd’s Rep. 255 Robert Bright – Carriage by sea – Unseaworthiness – Due diligence – Undeclared and dangerous cargo – Explosion caused fire on deck and vessel sank – Whether explosion caused by undeclared and dangerous cargo – Whether stowage of cargo below deck rendered vessel unseaworthy – Whether shipowners exercised due diligence […]

[2001] 1 All ER 450, [2000] 1 Lloyd’s Rep. 359, [2000] 1 WLR 2068, [2000] 1 All ER (Comm) 847 Charles Holroyd – Admiralty practice – Maritime claims – Priority – Vessel in collision with three yachts – Owners of one of the yachts obtained security for damages claim – Other owners claimed damages – […]

[2000] 1 Lloyd’s Rep 638 Gavin Geary acted in this Charter-party (Time) dispute – Employment and agency clause – Discharge of cargo – Receivers at first port of discharge requested discharge of additional cargo – Owners agreed but only against letter of indemnity – Cargo shortlanded at second discharging port – Whether receivers acting as […]

[2000] 1 Lloyd’s Rep. 403, [1999] 2 Lloyd’s Rep 666 David Bailey QC – Sale of ship – construction of MOA – claims against the ship – aggregate financial limits Sale of ship – Guarantee – Norwegian Sale form – Clause 9 – Construction – Meaning of words “should any claims which have been incurred […]

[1999] 1 Lloyd’s Rep. 682, [1999] 1 All ER (Comm) 138 Sioban Healy acted in a Identity of parties in ship sale contract – weight to be given to previous decision on foreign law. Practice – Sale of ship – Existence of plaintiff – Plaintiff agreed to sell vessel to defendant – Plaintiff alleged defendant […]

[2000] 1 Lloyd’s Rep. 300 Richard Waller – Practice – Writ – Extensions – Validity – Reverse of bill of lading blank – Issue as to whether Hague Rules and time bar incorporated – Extensions of writ granted ex parte – Whether extensions and service of writ should be set aside – Effect of CPR.

[2000] 1 Lloyd’s Rep. 292 David Bailey acted for the Owners – strike clause – proper approach to construction of charterparty Charter-party (Voyage) – Strike clause – Construction – Strike or disruption delayed loading of vessel – Whether strike clause ambiguous – Whether a strike within meaning of clause operated so as to interrupt laytime.

[2000] 1 Lloyd’s Rep. 367 David Edwards acted for Japanese purchasers of three new-build bulk carriers seeking to recover against the shipyard in respect of serious welding defects Shipbuilding contract – Exemption clause – Construction – Builders contracted to build three bulk carriers for buyers – Guarantee period expired – Allegations of defects in erection […]

[2000] 1 All ER (Comm) 214 David Bailey – Shipping – Demurrage – Expiry of laytime – Strike occurring while vessel on laytime – Whether laytime extended by strike – Sugar Charterparty 1969, cl 28.

[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 – […]

[1999] 1 Lloyds Rep 649 Timothy Brenton Q.C. – Time charterparty, whether rejection of vessel for loading caustic soda caused by shipowners’ breach. Charter-party (Time) – Cargo contamination – Rejection – Vessel twice rejected for loading of caustic soda – Vessel missed laydays and sub-charter cancelled – Vessel redelivered on one day’s notice of redelivery […]

[1999] 2 Lloyd’s Rep. 692; [1999] 2 All ER (Comm) 922 Charles Priday – Practice – Interpleader proceedings – “Same cause of action”- Construction – Proceedings commenced in Paris against defendants in respect of payment for cargoes of naptha – Defendants commenced interpleader proceedings in England – Whether Paris action and interpleader proceedings involved the […]

[2000] ICR 354 Timothy Saloman Q.C. – Dispute as to whether maritime lien is extinguished by voluntary payment.

[1999] 2 Lloyd’s Rep. 497 Robert Bright – Agency – Undisclosed principal – Joint venture partner and co-principal – Plaintiffs time chartered vessels to third party – Third party sub-chartered vessels to defendants – Default on charters – Plaintiffs claimed against defendants – Whether sub-charters sham contracts – Whether real relationship between defendant and third […]

[1999] 2 Lloyd’s Rep. 281 David Bailey acted for Plaintiffs – Admiralty practice – arrest of vessel – unseaworthiness – jurisdiction Admiralty practice – Arrest – Jurisdiction – Article 5(1) – Bill of lading cargo claim – Allegation of wetting damage to cargo of steel coils – Vessel arrested in England in October, 1998 and […]

[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 227 Dominic Kendrick Q.C. and David Bailey acted in a brokers commission on ship sales – Sale of ship – Contract – Binding contract – Negotiations for proposed sale of tanker – Whether negotiations resulted in binding contract of sale.

[1999] 1 Lloyds Rep 883; [1999] 1 All ER (Comm) 587 Timothy Brenton QC – Salvage – Remuneration – Salvage services – Vessel at lay up berth in Southampton water – In high winds stern mooring wire of vessel parted – Tug rendered salvage services – Whether there existed a danger to the vessel and […]

[1999] 1 Lloyd’s Rep. 876 Tim Kenefick – Practice – Discovery – Jurisdiction – Negotiations for sale of tanker conducted with help of plaintiffs’ brokers – Dispute as to whether contract of sale resulted – Defendants counterclaimed against brokers – Brokers applied for discovery from plaintiffs of documents relating to vessel’s condition at time of […]

[1999] 2 Lloyds Rep 401; [1999] 2 All ER (Comm) 161 – (Court of Appeal) Timothy Brenton Q.C. – Admiralty practice – Maritime lien – Priority – Crew’s wages – Mortgage of ship – Crew employed by national seamen’s agency and part of wages paid to agency – Bank mortgagee obtained judgment against shipowner and […]

[1999] 1 Lloyds Rep 643 Timothy Brenton Q.C. acted in this dispute – collision off the Mississippi Delta involving crossing vessels. Collision – Liability – Crossing vessels – Collision in approaches to South West Pass of Mississippi river – Relative approaches of vessels – Questions of fault – Apportionment of liability

[1999] 1 Lloyds Rep 673 Timothy Brenton QC – Pilotage – Negligent navigation – Oil pollution – Penalty – Compulsory pilotage in Milford Haven – Tanker inward bound – Tanker struck rocks and shortly after grounded – Escape of oil – Casualty attributable to negligent navigation by pilot – Port authority pleaded guilty to causing […]

[1999] 1 Lloyd’s Rep. 218 Timothy Brenton QC – Charter-party (Voyage) – Exemption clause – Loss of cargo – Plaintiffs’ crane carried partly on deck – Vessel encountered heavy weather and part of the cargo on deck fell overboard – Plaintiffs claimed damages – Whether defendants responsible for loss – Whether defendant could rely on […]

[1998] 1 Lloyd’s Rep. 322; [1998] 1 WLR 294; [1998] 4 All ER 82 David Allen acted in this matter involviong – Piercing the corporate veil, consideration of the “sham” doctrine, whether a director was personally liable under a contract, agency, conspiracy, breach of fiduciary duty Agency – Charterparty – Unnamed principal – Charterparty signed […]

[1999] 1 Lloyd’s Rep.176 Charles Priday acted in this Leading case on the effect of the New York Produce Exchange Inter Club Agreement Charter-party (Time) – Inter-Club agreement – Condition precedent – Carriage of goods from Far East and U.S.A. – Bills of lading issued by charterers – Cargo interests’ claims settled by charterers – […]

[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 […]

[1998] 1 Lloyd’s Rep. 13 Rebecca Sabben-Clare – Admiralty practice – Limitation fund – Stay of action – Collision between plaintiffs’ and defendants’ vessels near the mouth of the Seine – Action brought in France – Plaintiffs purported to constitute limitation fund in England – Whether English action should be stayed – Civil Jurisdiction and […]

[1998] 2 Lloyds Rep. 675 Timothy Brenton Q.C. was instructed as amicus curiae in relation to a dispute as to whether a harbour Authority had jurisdiction to distrain a vessel for non payment of mooring fees. Docks and harbours – Judicial review – Statutory power – Harbour authority distrained upon motor yacht for non-payment of […]

[1998] 2 Lloyd’s Rep. 461; [1997] 2 Lloyd’s Rep. 493; [1997] 2 Lloyd’s Rep. 533 Richard Southern – Towage – Jurisdiction clause – Construction – Contract for towage of barge – Disputes to be referred to the High Court in London – Barge grounded after towline parted – Barge-owners brought action in South Africa – […]

[1999] 1 Lloyd’s Rep. 1 Charles Priday and Sioban Healy acted in this Time and voyage charterparties: indemnity; dangerous cargo; deviation Charter-party (Time) – Delay – Damage to cargo – Vessel carrying part cargo of fishmeal from Peru to Taiwan – Vessel deviated to load and discharge other fishmeal cargoes – Problems with heating and […]

[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 […]

[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

[1998] 2 Lloyd’s Rep. 287 Robert Bright – Bill of lading – Validity – Owners’ or charterers’ bill – Vessel sub-chartered for carriage of steel to Guatemala – Predated bills of lading issued – Charterers in financial difficulties – Whether bills of lading owners’ or charterers’ bills – Whether bill of lading authorized by owners […]

[1998] 2 Lloyd’s Rep. 1; [1997] 1 Lloyd’s Rep. 284 Charles Priday acted in this Court of Appeal decision on the law of laytime and the effect of “office hours” clauses Charter-party (Voyage) – Notice of readiness – Validity – Notice tendered outside hours stipulated by charter – Whether notices legal nullities – Whether notice […]

[1998] Lloyd’s Rep IR 377 Gavin Geary – Marine insurance – Premium – Relationship and status of broker – General rule that premium payable to broker – Broker insolvent – Agreement ousting general rule – Clear words required – Effect of payment of premium warranty, brokers cancellation clause – “Premium due and payable to [broker] […]

[1989] 2 Lloyd’s Rep. 316 Charles Priday – Charter-party (Time) – Limitation of time – Centrocon arbitration clause – Damage to cargo – Whether disputes could be referred to High Court – Whether application for extension of time should be granted – Arbitration Act, 1950, s. 27.

[1998] 2 Lloyd’s Rep. 367, [1998] 3 WLR 184, [1999] QB 72, [1998] 4 All ER 286 Rebecca Sabben-Clare – Charter-party (Time) – Employment – Navigation – Charterers ordered vessel to follow great circle route – Master disregarded orders and followed more southerly route – Voyage took longer and more bunkers consumed – Whether charterers’ […]

[1998] 1 Lloyds Rep.16 Timothy Brenton acted in this dispute collision arising out of an engine breakdown whilst caught in the middle of Hurricane Andrew, Gulf of Mexico. Collision – Passing vessels – Negligent navigation – Collision in Gulf of Mexico – Hurricane conditions – Engine breakdown – Whether negligence in maintenance of luboil system […]

[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 – […]

[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.

[1998] 1 Lloyd’s Rep. 675 Charles Priday acted in this leading decision on the invalidity of “inchoate” Notices of Readiness. Charter-party (Voyage) – Laytime – Commencement – Premature notice of readiness – Vessel had not reached place specified in charter for giving notice of readiness – Master gave notice of readiness – Whether notice valid […]

[1999] 1 Lloyd’s Rep. 365 Robert Bright – Towage agreement – Lien – Authority – Actual or ostensible – Agreement for towage of vessels from Canada to India – Instalments of towage price not paid and agreement terminated – Vessels arrived and arrested in Namibia – Whether second defendants had actual or ostensible authority to […]

[1998] 1 Lloyd’s Rep. 711; [1998] 1 WLR 101; [1998] 2 All ER 990 Richard Southern and Simon Picken were involved in this case concerning issues as to when arbitration is commenced. The first case and one of the few cases in which an extension of time under Section 12 of the Arbitration Act 1996 […]

1998] 1 Lloyd’s Rep. 315 Gavin Kealey Q.C. – Liability of third party for litigation costs in the context of shipping dispute

[1998] 1 Lloyd’s Rep. 528 Richard Southern – Contract – Joint venture agreement – Construction – Joint venture to cover Atlantic, Far East liners service and worldwide tramp/bulk service – True geographical scope of joint venture – Whether plaintiffs entitled to compete with joint venture – Whether terms on which vessels and cargoes transferred between […]

[1998] 1 Lloyd’s Rep. 306 Dominic Kendrick QC – Charter-party (Time) – Due diligence clause – Construction – Vessel damaged by fire at berth – Dispute referred to arbitration – Arbitrators found berth unsafe and breach of safe berth warranty – Challenge to arbitrators’ approach to due diligence clause

[1997] 2 Lloyd’s Rep. 314 Jonathan Gaisman QC and Stephen Kenny acted in these charterparty actions which turned on whether the defendant, Captain John Vatis, had contracted personally or not. Held, that he had chartered on behalf of a Panamanian company (Kronos Maritime Agencies S.A) and was not therefore personally liable. Charter-party – Repudiation – […]

[1998] 2 Lloyd’s Rep. 341 Stephen Kenny acted in a ship sale case for the plaintiff sellers. The Court of Appeal held, in the plaintiffs’ favour and overruling The Aktion, that the “Notice of Readiness” required by Clause 3 of the Norwegian Saleform meant notice of actual readiness, not of prospective readiness. Sale of ship […]

[1997] 2 Lloyd’s Rep. 324; [1997] 1 WLR 528 Richard Southern – Charter-party (Time) – Cancellation – Non-delivery – Vessel chartered for one time charter trip – Charterers failed to identify where delivery was to take place – Vessel not delivered by cancelling date – Whether charterers entitled to cancel charter – Whether failure to […]

[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 […]

[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 […]

[1997] 1 Lloyd’s Rep. 449 Stephen Phillips acted in this sale of ship dispute – Whether sham transaction – Jurisdiction of Admiralty Court – Authority of company directors – Issue estoppel and res judicata – Standard of proof of criminal allegations in civil case. Sale of ship – Validity – Beneficial owner – Sale of […]

[2003] 1 AC 469, [2001] Lloyd’s Rep IR 247, [2001] 1 Lloyd’s Rep. 389, [2001] 2 WLR 170, [2001] 1 All ER 743, [2001] 1 All ER (Comm) 193, [1997] 1 Lloyd’s Rep. 360, [1995] 1 Lloyd’s Rep. 651 Stephen Hofmeyr and Rebecca Sabben-Clare – Insurance (Marine) – Unseaworthiness – Utmost good faith – Breach […]

(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 […]

[1997] 1 Lloyd’s Rep 380 Jonathan Gaisman Q.C. leading David Edwards – Bill of lading – Jurisdiction clause – Article 17 – Application to set aside – Alleged damage to cargo – Disputes to be decided in Germany – Whether art. 17 applicable – Effect of art. 57 of the Brussels Convention and art. 7 […]

[1997] 1 Lloyds Rep 246; [1995] 1 Lloyd’s Rep. 541 Gavin Kealey Q.C. led Simon Picken in this leading case concerning the power of the Court to award costs against a non-party, a P&I club. Practice – Costs – Non-party – Plaintiffs claimed damages for repudiation of charter – Defendants ordered to pay costs on […]

[1997] 1 Lloyd’s Rep. 273 Sioban Healy – Charter-party (Voyage) – Limitation of time – Hague Rules – Construction – Charter incorporated U.S.A. clause paramount – Vessel delayed by engine problems – Charterers bought in substitute cargo – Whether charterers’ claim in respect of cargo carried – Whether claim time barred – Whether English or […]

[1997] 1 Lloyd’s Rep. 273 Sioban Healy acted. Shipping; conflict of laws: relevance of foreign decisions on interpretation of a foreign statutory version of Hague Rules incorporated into an English law contract. Charter-party (Voyage) – Limitation of time – Hague Rules – Construction – Charter incorporated U.S.A. clause paramount – Vessel delayed by engine problems […]

[1997] 1 Lloyd’s Rep. 404 David Edwards acted for trip time charterers resisting a claim by owners in respect of a voyage estimate given “without guarantee” Charter-party (Time) – Wrongful detention – Estimate of length of trip – Vessel chartered for “duration about 70/80 days without guarantee” – Voyage lasted 103 days, 12 hours and […]

[1997] 1 Lloyd’s Rep. 273 Sioban Healy acted. Shipping; conflict of laws: relevance of foreign decisions on interpretation of a foreign statutory version of Hague Rules incorporated into an English law contract. Charter-party (Voyage) – Limitation of time – Hague Rules – Construction – Charter incorporated U.S.A. clause paramount – Vessel delayed by engine problems […]

[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, […]

[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 […]

[1997] 1 Lloyd’s Rep. 139 Dominic Kendrick – Charter-party (Time) – Off-hire – “Other causes” – Interference of authorities – Construction – Vessel delayed by port authority because of presence remaining on board of residue sweepings – Whether vessel “off-hire” by reason of “any other cause” – Whether authority’s reaction was ejusdem generis to named […]

[1996] 2 Lloyd’s Rep. 461 Dominic Kendrick – Arbitration – Arbitrator – Appointment – Collision between plaintiffs’ vessel and another – P. & I. Club insured plaintiffs’ vessel for one fourth of collision liability – Running down clause – Claim against club – Whether parties agreed to arbitrate – Allegations of inordinate and inexcusable delay […]

[1996] 2 Lloyd’s Rep. 461; [1995] 2 Lloyd’s Rep. 254 Dominic Kendrick and Adam Fenton – Arbitration – Arbitrator – Appointment – Collision between plaintiffs’ vessel and another – P. & I. Club insured plaintiffs’ vessel for one fourth of collision liability – Running down clause – Claim against club – Whether parties agreed to […]

[1996] 2 Lloyd’s Rep. 585 Richard Southern – Charter-party (Voyage) – Jurisdiction – Injunction – Dispute under charter-party – Whether proceedings commenced by defendant in Algeria in respect of disputes which defendant agreed to arbitrate in London – Whether plaintiff submitted to jurisdiction of Algerian Court – Whether plaintiff entitled to interlocutory injunction restraining defendant […]

[1996] 2 Lloyd’s Rep. 225; [1995] 2 Lloyd’s Rep. 128; [1995] 3 WLR 549; [1996] 3 WLR 105; [1996] QB 108; [1996] AC 800; [1996] 3 All ER 193; [1995] 3 All ER 971 Andrew Wales – Contract – Repudiation – Anticipatory breach – Contract for sale of cargo – Buyer rejecting cargo before loading […]

[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.

[1996] 2 Lloyd’s Rep. 171 Stephen Phillips acted in this Carriage of goods by sea matter – unseaworthiness – main engine breakdown – Hague-Visby Rules – causation and remoteness of damage Contract of affreightment – Breach – Damages – Contract for carriage of bananas – Vessel suffered engine failure – Failure to tender vessels for […]

[1996] 2 Lloyd’s Rep. 206 Charles Priday – Contract – Jurisdiction – Ship repairs – Parties agreed to submit to non-exclusive jurisdiction of Courts of Gibraltar – Dispute concerning work carried out to vessel – Action brought in England – Whether Gibraltar more appropriate forum – Whether action should be stayed.

[1996] 2 Lloyd’s Rep. 66 Richard Southern – Charter-party (Time) – Laycan narrowing provision – Condition precedent – Owners gave charterers 10 days notice of vessel’s delivery instead of 25 days – Whether laycan narrowing provision a condition precedent – Whether charterers could recover hire payable in respect of the 25 days notice they should […]

[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 […]

[1996] 2 Lloyd’s Rep 395 David Bailey – injunction – jurisdiction to serve out of the jurisdiction Practice – Jurisdiction – Order 73, r. 7 – Court made order for inspection of vessel and service of originating summons on defendants – Alleged failure to comply with order – Whether Court had jurisdiction to give leave […]

[1996] 1 Lloyd’s Rep 301 Gavin Kealey Q.C. and Simon Picken acted in a case involving a time charter and the incorporation of the Hague/Hague-Visby Rules. Charter-party (Time) – Limitation of time – Hague-Visby Rules – Incorporation – Time charter for carriage of sulphuric acid – Cargo outturned contaminated – Plaintiffs claimed damages for breach […]

[1995] 2 Lloyds Rep 566 Gavin Kealey QC led Jawdat Khurshid against Julia Dias in this Sale of ship matter – Contract – Breach – Plaintiffs alleged defendants agreed to sell vessels to plaintiffs – Vessels sold elsewhere – Plaintiffs subsequently bought vessels at higher price – Whether binding contract in existence – Whether defendants […]

[1996] 1 All ER 114; [1996] 1 WLR 774; [1995] 2 Lloyd’s Rep. 608 Stephen Kenny – Practice – Parties – Substitution – Substitution after expiry of limitation period – Plaintiff foreign company ceasing to exist as separate entity and incorporated into new company during course of proceedings – Whether rules permitting substitution of new […]

[1995] 2 Lloyd’s Rep. 559 Stephen Hofmeyr – Charter-party (Time) – Non-performance – “fixed in good faith” – Negotiations for charter of vessel – Vessel suffered heavy weather damage – Defendants advised charterers vessel “fixed in good faith” – Meaning – Whether contract made between parties – Whether parties agreed disputes to be referred to […]

[1996] AC 211 David Edwards acted for the Japanese classification society, NKK, successfully arguing that the society owed no duty of care to cargo owners in respect of a damage survey performed on the vessel which subsequently sank. Negligence – Duty of care to whom? – Classification society – Vessel developing cracks in hull – […]

[1995] 2 Lloyd’s Rep. 344; [1994] 1 Lloyd’s Rep. 153 Stephen Hofmeyr and Andrew Wales – Charter-party (Time) – Duty to maintain clause – Indemnity – Off-hire – Eleven stoppages of discharge due to boiler trouble – Vessel ordered off berth due to deteriorating weather conditions – Seawater found to have entered boiler through crack […]

[1995] 1 Lloyds Rep 589; [1993] 2 Lloyd’s Rep. 464 Timothy Brenton – Collision – Passing vessels – Collision at northern entrance to Panama Canal – Liability for collision – Apportionment of liability.

[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 […]

[1995] 1 Lloyd’s Rep. 40 Richard Southern and Andrew Wales – Unseaworthiness – Due diligence – Carriage by sea – Failure of shell plating on port side of No. 4 hold – Total loss of cargo – Whether vessel unseaworthy – Whether unseaworthiness caused by want of due diligence.

[1995] 1 Lloyd’s Rep. 191; [1995] 1 All ER 641; [1994] 1 WLR 1634 Richard Southern – Charter-party (Time) – Off-hire – Set-off – Practice – Claims for deduction of hire and bunkers – Whether liquidated sums – Whether claims capable of being set-off at common law. Arbitration – Set-off – Off-hire claims – Dispute […]

[1995] 1 Lloyd’s Rep. 251 Richard Southern – Banking – Sale of ship – Notice requiring sale – Undertaking in loan agreement that if vessel had not secured employment bank could require vessel to be sold – Whether notice requiring sale served within reasonable time – Whether implied limitation on time within which bank entitled […]

[1995] 1 Lloyds Rep. 124 Timothy Brenton and Julia Dias acted in a Commercial Court action – Sale of goods (c.i.f.) – Sampling and analysis – Incorporation clause – Sale of M.40 fuel oil – Price adjustment by reference to viscosity – Whether SGS analysis final and binding on parties – Effect of incorporation clause […]

[1995] 1 Lloyd’s Rep. 11; [1994] 1 Lloyd’s Rep. 287 Dominic Kendrick acted in this Court of Appeal Admiralty practice – Action in rem – Arrest of vessel – Jurisdiction – Damage to cargo – Defendants domiciled in Contracting State – Præcipe for caveat against arrest issued – Vessel arrested but released immediately – Bail […]

[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.

[1995] 1 Lloyd’s Rep. 103 Richard Southern – Charter-party (Time) – Time lost – Net loss of time clause – Vessel drydocked at Pireaus after discharging at Ravenna – Vessel ordered to Novorossiysk – Whether time lost by drydocking from dropping of outward pilot at Ravenna – Whether voyage to Piraeus en route to Novorossiysk […]

[1995] 1 W.L.R. 299 David Bailey – Freezing injunction – scope – jurisdiction in relation to disclosure order Injunction – Mareva injunction – Jurisdiction – Arbitration award – Mareva injunction applying only to assets within jurisdiction but disclosure of assets worldwide required – Whether court having power to grant injunction to enforce arbitration award – […]

[1994] 2 Lloyd’s Rep. 6; [1993] 1 Lloyd’s Rep. 424; [1994] 3 All ER 180 Dominic Kendrick – Admiralty practice – Application to set aside – Jurisdiction – Carriage of goods by sea – Cargo contaminated – English and Dutch proceedings brought – Whether English Court first seised of proceedings – Whether English and Dutch […]

[1994] LMLN 374 Gavin Geary acted in this matter involving Contract containing arbitration clause assigned to claimants – Claimants commenced arbitration proceedings but did not join assignor – Respondents to arbitration protested and refused to appoint own arbitrator – Whether arbitration proceedings a nullity

[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 […]

[1994] 1 Lloyd’s Rep. 624; [1992] 1 Lloyd’s Rep. 402 David Allen acted in this marine insurance case concerning perils of the sea. Insurance (Marine) – Perils of the sea – Vessel insured with defendants – Vessel sank while on a voyage from Greece to Belgium – Whether loss of vessel caused by perils of […]

[1994] 1 Lloyd’s Rep. 382; [1992] 2 Lloyd’s Rep. 399 Jonathan Gaisman – Charter-party (Time – Stay of action – Jurisdiction – Forum non conveniens – Plaintiffs claimed damages under the contract – Charters prescribed Egyptian law as property law of contract but silent as to jurisdiction – Whether parties orally agreed contracts subject to […]

[1994] 1 Lloyd’s Rep. 559 Jonathan Gaisman – Carriage by sea – Application to strike out – Want of prosecution

[1994] 1 Lloyd’s Rep. 541 Gavin Geary – Arbitration – Award – Remission – Further evidence – Sale of ship – Arbitrators dismissed buyers’ claim – Buyers alleged further evidence available – Whether evidence available to buyers at time of arbitration – Whether buyers took all reasonable steps to obtain it – Whether award should […]

[1994] 1 Lloyd’s Rep 669 David Bailey acted for the plaintiffs in this Title to sue matter – parties to contract of carriage Carriage by road – CMR – CMR carrier – Plaintiffs contracted with second defendants for carriage of goods from Holland to Warrington – Goods carried by sixth defendants – Goods lost or […]

[1994] 1 Lloyd’s Rep. 584 Robert Bright – Practice – Writ – Validity – Carriage by sea – Alleged breach of contract – Writ and concurrent writ served on defendants in Greece and Cyprus – Greek law prescribed different period for validity of writ – Whether writ valid for four or six months – Whether […]

[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 […]

[1994] 1 Lloyd’s Rep. 399 Adam Fenton – Carriage by sea – Jurisdiction – Application to strike out – Stay of action – Bills of lading issued by plaintiffs in respect of all but three containers – Loss of containers – Whether plaintiffs had sufficient interest to sue in negligence or for alleged breach of […]

[1992] 2 Lloyd’s Rep. 281, [1992] 2 Lloyd’s Rep. 216, [1991] 1 Lloyd’s Rep. 441, [1990] 2 Lloyd’s Rep. 154 ; [1992] 3 All ER 414; [1992] 1 WLR 887; [1991] 1 WLR 607; [1991] 3 All ER 472; [1990] 3 All ER 157; [1990] 1 WLR 1370 Stephen Hofmeyr – Damages – Insurance (Marine) […]

[1993] 2 Lloyd’s Rep. 542; [1992] 2 Lloyd’s Rep. 79 Dominic Kendrick acted in a Court of Appeal decision involving the presentation of fraudulent documents and bills of exchange. Bill of lading – Title to sue – Attornment – Bank named as consignees – Bills of lading withheld from bank – Goods delivered without production […]

[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.

[1993] 2 Lloyd’s Rep. 445 Jonathan Gaisman – Arbitration – Proper law – Clause in charter that disputes to be referred to arbitration in Beijing or London in “defendants’ option” – Whether clause contained implied choice of floating proper law

[1994] 1 WLR 1334; [1994] 1 All ER 851; [1993] 2 Lloyd’s Rep. 268 Robert Bright – Shipping – Charterparty – Time charter – Bunkers, title to – Charterers contracting to provide and pay for all fuel – Plaintiffs supplying bunkers – Title in bunkers to be retained by plaintiffs until payment – Shipowners withdrawing […]

[1993] 2 Lloyd’s Rep. 408 Richard Southern – Arbitration – Award – Limitation of time – Charter-party dispute – Delay in taking up award – Charterers alleged technical misconduct by arbitrators – Whether application for extension of time for leave to appeal should be granted.

[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 […]

[1993] 2 Lloyd’s Rep. 68 Stephen Kenny acted for the defendant underwriters. This well-known case concerned a claim on a policy of marine insurance, which the underwriters met by alleging scuttling and fraud. The Court of Appeal (after one of the longest appeals in English legal history) reversed the trial judge, finding that the vessel […]

[1993] 2 Lloyd’s Rep. 41 Jonathan Gaisman and Alistair Schaff – Charter-party (Voyage) – Bills of lading – Cargo loaded between Jan. 18 and 20

[1993] 1 Lloyd’s Rep. 311 David Edwards – Carriage by sea – Implied contract – Cargo of oil on board vessel with no operative heating coils – Plaintiffs purchased cargo from shippers – Whether plaintiffs aware that vessel had no heating system – Whether contract to be implied between plaintiffs and defendants – Whether Hague-Visby […]

[1993] 1 Lloyd’s Rep. 397 Adam Fenton – Charter-party (Time) – Repudiation – Unsafe port – Iran-Iraq war – Vessel ordered to load at Ruwais – Owners considered port to be dangerous – Whether owners entitled to disregard charterers’ orders – Whether Ruwais dangerous – Whether owners wrongfully repudiated charter – Damages.

[1993] 1 Lloyd’s Rep. 523 Dominic Kendrick – Bill of lading – Jurisdiction clause – Stay of action – Damage to cargo – Vessel arrested and action brought in England -Disputes under bill of lading to be decided in Norway – Whether action should be stayed – Whether arrest should be continued

[1993] 1 Lloyd’s Rep. 351 Jonathan Gaisman – Charter-party (Time) – Deck cargo clause – Construction

[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 […]

[1992] 2 Lloyd’s Rep. 545; [1991] 2 Lloyd’s Rep. 398 Jonathan Gaisman – Charter-party (Time) – Safe port – Vessel traded between Assab and Massawa

[1993] 1 Lloyd’s Rep. 41 Dominic Kendrick – Admiralty practice – Bail – Arrest of vessel – Shipowners domiciled in one of Contracting States of EC voluntarily gave bail to avoid arrest – Whether Admiralty Court deprived of jurisdiction to hear plaintiffs’ claim – Whether defendants submitted voluntarily to jurisdiction – Whether arrest valid

[1993] 1 Lloyd’s Rep. 1 Timothy Brenton – Bills of lading – Damage to cargo – Summary judgment – Collapse of cargo stow during voyage – Plaintiffs claimed damages – Bills of lading incorporated charter-party clauses and Hague-Visby Rules – Whether plaintiffs had title to sue – Responsibility for loading and stowing cargo – Whether […]

[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 […]

[1992] 2 Lloyd’s Rep.378 Charles Priday Leading case on the effect of the New York Produce Exchange Inter Club Agreement Charter-party (Time) – Inter-Club Agreement – Construction – Scope of Inter-Club Agreement as incorporated – Applicability of agreement – Effect of agreement.

[1992] 2 Lloyd’s Rep. 163 Stephen Kenny was involved in this personal injury case resulted from a collision between a speedboat and a jet-ski. Held that a jet-ski was not a “vessel used in navigation”, so that the two-year limitation period under the Maritime Conventions Act 1911 was not applicable. Limitation of time – Personal […]

[1992] 2 Lloyd’s Rep. 467 Dominic Kendrick – Practice – Application to set aside – Service out of jurisdiction – Bill of lading – Damage to cargo – Cargo-owners claimed as parties to the contract of carriage, for breach of a Brandt v. Liverpool type of contract and breach of non-contractual bailment – Whether claims […]

[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 […]

[1992] 2 Lloyd’s Rep. 62; [1992] 2 WLR 898; [1992] QB 907; [1992] 3 All ER 329 Timothy Brenton – Carriage by sea – Limitation of time – Damage to cargo – Vessel sold over three months before bill of lading issued – Plaintiffs issued and served writ on original shipowners – Limitation period expired […]

[1992] 2 Lloyd’s Rep. 26; [1990] 2 Lloyd’s Rep. 418 Dominic Kendrick – Practice – Costs – Insurance (Marine) – War-risks – Vessel declared under established German open cover – Cover warranted German F.O.M. – Vessel struck by Exocet missile – Underwriters held not liable under policy – Brokers ordered to pay to plaintiffs their […]

[1992] 1 Lloyd’s Rep. 373 Stephen Kenny acted in this matter involving Limitation of Liability for Maritime Claims, shipowners were entitled to limit their liability to cargo owners in respect of cargo’s share of a salvage award; although they could not limit their own liability to salvors. Limitation of liability – Limitation fund – Damage […]

[1992] 1 Lloyds Rep. 353 – (Court of Appeal) Timothy Brenton – Freezing order, whether available in anticipation of a cause of action. Practice – Mareva injunction – Anticipatory breach – Sale of ship – Dispute referred to Arbitration – Plaintiffs anticipated breach of contract by buyers – Mareva injunction obtained ex parte to take […]

[1992] 1 Lloyds Rep. 497 (Timothy Brenton sitting as a wreck commissioner) ex parte Swan Hunter Ship Builders Ltd. judicial review of a wreck commissioners’ decision as to costs of a public inquiry. Practice – Costs – Judicial review – Investigation into loss of vessel Derbyshire – Wreck Commissioner ordered each party to bear its […]

[1992] 1 Lloyd’s Rep. 497 Timothy Brenton – Practice – Costs – Judicial review – Investigation into loss of vessel Derbyshire – Wreck Commissioner ordered each party to bear its own costs – Whether Wreck Commissioner had exercised his discretion properly.

[1992] 1 Lloyd’s Rep. 39 Jonathan Gaisman – Charter-party (Voyage) – Nomination of port – Charterers entitled to change nomination of discharge ports

[1991] 1 Lloyd’s Rep. 246 Gavin Geary – Charter-party (Time) – Rectification – Charter-party documents unsigned owners claimed for over-performance of vessel – Whether contract contained in charter-party or fixture agreement – Whether hire adjustment provisions of cl. 24 incorporated into charter – Whether contract should be rectified to exclude or modify cl. 24.

[1992] 1 Lloyd’s Rep. 71 Charles Priday acted in this Commercial Court decision on ship-finance dispute: acted for successful Plaintiffs. Ship finance – Arrangement fee – Plaintiffs agreed to arrange ship finance for defendants – Finance offer made by bank – Whether plaintiffs effective cause of offer – Whether terms of bank’s offer different from […]

[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] 2 All ER 163; [1992] 1 WLR 270 Stephen Kenny – Set-off – Right of set-off – Summary judgment – Counterclaim – Set-off at law – Plaintiffs claiming demurrage in respect of contract of sale under joint venture arrangement – Claim for liquidated amount – Defendants counterclaiming for short payment under earlier contract – […]

[1992] 1 AC 233; [1991] 2 WLR 1279; [1990] 2 WLR 547; [1990] 1 QB 818 [1991] 3 All ER 1; [1991] 2 Lloyd’s Rep. 191; [1989] 3 All ER 628 Stephen Kenny and David Bailey were involved in this the leading case on the effect of a breach of an insurance warranty. The insurer […]

[1992] 2 All ER 20; [1991] 2 Lloyd’s Rep. 468, [1991] 2 Lloyd’s Rep. 508 Julia Dias – Charter-party (Time) – Repudiation – Unsafe port – Iran-Iraq war – Vessel ordered to load at Ruwais – Owners considered port to be dangerous – Whether owners entitled to disregard charterers’ orders – Whether Ruwais dangerous – […]

[1991] 2 Lloyd’s Rep. 337; [1990] 1 Lloyd’s Rep. 354 Richard Southern – Bill of lading – Short delivery – Title to sue – Sale of cargo of oil on c.i.f. terms by second plaintiffs to first plaintiffs – First plaintiffs alleged short delivery -Whether first plaintiffs had title to sue – Whether missing oil […]

[1991] 2 Lloyd’s Rep. 277 Charles Priday – Carriage by sea – Sale of cargo of rice – Cargo originally consigned to Ministry of Defence in Somalia – Purported head representative of Somalia to the United Nations instructed vessel to carry cargo to West Africa – Instructions challenged by other Somali interests – Vessel about […]

[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.

[1991] 2 Lloyd’s Rep. 55 Timothy Brenton – Admiralty practice – General average – Collision gave rise to general average expenditure – Plaintiffs’ contribution to general average assessed – Plaintiffs alleged vessel not manned by competent crew – Carriers counterclaimed general average contribution -Whether plaintiffs should have leave to defend counterclaim – Whether carriers entitled […]

[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.

[1991] 1 Lloyd’s Rep. 389 Timothy Brenton – Admiralty practice – Summary judgment – Application for interim payments – Bill of lading incorporated Hague-Visby Rules – Vessel capsized – Cargo lost – Whether vessel unseaworthy – Whether plaintiffs entitled to summary judgment – Whether application for interim payments should be granted.

[1991] 1 Lloyd’s Rep. 330; [1990] 1 Lloyd’s Rep. 408 Timothy Brenton – Admiralty practice – Action in rem – Maritime lien – Shipowners ceased trading – Crew claimed severance pay and wages in lieu of notice – Vessel ordered to be sold pendente lite in earlier mortgagees’ action – Whether claim for severance pay […]

[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 […]

[1991] 1 Lloyd’s Rep. 120; [1990] 1 Lloyd’s Rep. 82 Jonathan Gaisman – Arbitration – Award – Measure of damages

[1991] 1 Lloyd’s Rep. 77 Timothy Brenton – Charter-party (Time) – Redelivery – Option to extend charter – Owners regarded charter extended for six months to Mar. 31 – Vessel performed last voyage under protest – Vessel redelivered on May 23 – Proper construction of option – Whether last voyage completed at charter-party rate – […]

[1990] 2 Lloyd’s Rep. 1 Timothy Brenton – Collision – Crossing vessels – Collision in river Thames – Whether vessels maintained proper lookout – Whether faults in navigation – Liability for collision – Apportionment of liability.

[1995] 2 Lloyd’s Rep. 230 Timothy Brenton – Collision – Crossing vessels – Reciprocal courses – Collision in Gulf of Thailand – Whether vessels crossing or on reciprocal courses – Whether sole cause of collision failure to give way or alteration of course to starboard – Liability for collision – Apportionment

[1990] 2 Lloyd’s Rep. 144 Gavin Kealey – Carriage by sea – Limitation of liability – Plaintiffs’ coach driven on to defendants’ ferry – Coach not secured – Vessel took violent roll to starboard and coach damaged – Whether defendants’ entitled to limit liability – Whether defendants’ had complied with requirements of statutory instrument – […]

[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.

[1990] 1 Lloyd’s Rep. 402 Jonathan Gaisman and Dominic Kendrick leading Julia Dias – Carriage by sea – Short delivery – Title to sue

[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.

[1990] 1 Lloyd’s Rep. 345 Jonathan Gaisman – Charter-party (Voyage) – Nomination of port – Charterers nominated Hormuz as loading port

[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.

[1990] 1 Lloyds Rep 236; [1989] 1 Lloyd’s Rep. 403 Gavin Kealey – Charter-party (Voyage) – Arbitration clause – Parties intended proper law to be English – Charter incorporated Australian Sea-Carriage of Goods Act, 1924 – Whether arbitration clause void – Whether parties entered into ad hoc agreement to refer disputes to arbitration in London […]

[1990] 2 Lloyd’s Rep. 84 Richard Southern – Sale of goods (c.i.f.) – Notice of nomination – Rejection – Whether notice of nomination given in time – Whether notice of nomination giving less than 3 days e.t.a. valid – Whether notice of nomination should identify load port and state that vessel complied with draft restrictions […]

[1990] 1 Lloyd’s Rep. 425 Charles Priday – Charter-party (Voyage) – Uncontractual orders – Carriage of cargo of oil – Charterers anticipated a falling market – Ordered vessel not to berth and load – Master ignored order and vessel proceeded to berth and load – Whether charterers’ orders not to load uncontractual – Whether charterers […]

[1990] 2 Lloyd’s Rep. 39 Timothy Brenton – Carriage by sea – Unseaworthiness – Breakdown of vessel in East China Sea – Salvage and general average expenditure incurred – Vessel unseaworthy at commencement of voyage – Whether defendants’ failure to exercise due diligence caused casualty.

[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 […]

[1989] 2 Lloyd’s Rep. 487 Jonathan Gaisman – Collision – Damage to vessel – Quantum

[1989] 2 Lloyd’s Rep. 383 Jonathan Gaisman – Carriage by sea – Limitation of time – Damage to cargo

[1989] 1 Lloyd’s Rep. 451 Stephen Kenny was involved in this matter. At first instance the judge (Leggatt J) held that buyers could reject a cargo of oil sold under a “cif delivered” contract on grounds of short-shipment. The Court of Appeal, reversing, held that the buyers were precluded from relying on this point by […]

[1990] 1 Lloyds Rep 52 Gavin Kealey – Carriage by sea – Unseaworthiness – Due diligence – Vessel stranded in Orinoco river – Whether stranding caused by unseaworthiness – Whether pilot failed to give proper helm orders – Whether owners exercised due diligence to make vessel seaworthy – Whether plaintiffs entitled to recover costs incurred […]

[1989] 2 Lloyd’s Rep. 42; [1987] 1 Lloyd’s Rep. 508 Jonathan Gaisman and Adam Fenton – Salvage – Reward – Vessel and cargo grounded in River Parana Admiralty practice – Salvage arbitration – Vessel grounded – Salvage services rendered on Lloyd’s Open Form – Whether master authorized to enter into agreement on behalf of cargo-owners […]

[1989] 2 Lloyd’s Rep. 185 Charles Priday – Carriage by sea – Limitation of liability – Damage to goods – Goods carried subject to consignment note and partial incorporation of Hague-Visby Rules – Limitation provisions in consignment note less generous than Hague-Visby Rules – Whether provisions invalidated – Whether “carrier” in art. IV, r. 5(e) […]

[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

[1989] 2 Lloyd’s Rep. 138 Dominic Kendrick – Shipbroker – Commission – Sale and purchase of vessel – Shipbrokers negotiated contract – Vessel not ready for delivery by cancelling date – Buyers cancelled contract – Whether shipbrokers entitled to damages for breach of implied term that sellers would not do anything to deprive shipbrokers

[1989] 1 Lloyd’s Rep. 393 Jonathan Gaisman – Bill of lading – Delay – Cargo of fuel oil loaded

[1989] 1 Lloyd’s Rep. 511 Dominic Kendrick – Charter-party (Voyage) – Freight – Negotiations for fixture of vessel conducted between plaintiffs’ brokers and defendants’ brokers – Vessel performed voyage under Gencon charter – Whether defendants party to charter – Whether defendants’ broker had actual or ostensible authority to enter into charter on behalf of defendants […]

[1989] 2 Lloyd’s Rep. 33 Stephen Kenny acted in this scuttling case concerning the inferences to be drawn from the fact (unchallenged in the Court of Appeal) that a vessel had been deliberately cast away. The beneficial owner of the vessel had died between the date of the loss of his ship and the date […]

[1989] 2 Lloyd’s Rep. 51 Jonathan Gaisman – Charter-party (Time) – Inter-Club Agreement – Implied indemnity – Receivers claimed in respect of damage to cargo

[1989] 1 Lloyd’s Rep. 1; [1987] 2 Lloyd’s Rep. 122; [1987] 1 Lloyd’s Rep. 48; [1988] 3 WLR 858; [1987] 1 WLR 1565; [1989] AC 1264; [1988] 3 All ER 745 Charles Priday acted in this House of Lords decision, leading case on commencement of laytime. Charter-party (Voyage) – Demurrage – Commencement of laytime – […]

[1988] 2 Lloyd’s Rep. 330; [1987] 2 Lloyd’s Rep. 361 Adam Fenton – Charter-party (Voyage) – Freight – Vessel carried additional cargo – Charterers paid 95 per cent. of freight – Vessel lost on voyage – Whether owners entitled to last 5 per cent. of freight and accrued load port demurrage – Whether owners entitled […]

[1989] AC 788; [1988] 2 Lloyd’s Rep. 199; [1988] 3 WLR 200; [1988] 2 All ER 742; [1987] 2 Lloyd’s Rep. 236 Adam Fenton – Arbitration – Award – Burden of proof – Owners alleged non-performance – Whether vessel could have commenced loading by cancelling date – Whether onus of proof on owners – Whether […]

[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 […]

[1988] 2 Lloyd’s Rep. 423; [1988] 1 Lloyd’s Rep. 55 Dominic Kendrick – Arbitration – Arbitrator – Misdirection – Sale of ship – Vessel described in contract as built in 1971 – Certificate of registry showed date as 1970 – Arbitrator found no mis-description – Whether arbitrator had misdirected himself – Whether decision one no […]

[1988] 2 Lloyd’s Rep. 34 Adam Fenton – Admiralty practice – Costs – Payment into Court – Damage to cargo of sugar – Plaintiffs accepted payment 20 days later – Whether acceptance within a reasonable time – Whether plaintiffs entitled to their costs up to date of acceptance – R.S.C., O. 22, r. 3.

[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

[1988] 2 Lloyd’s Rep. 274 Stephen Hofmeyr – Practice – Application to strike out – Damage to cargo – Plaintiffs incorrectly named in writ – Plaintiffs amended writ – Whether plaintiffs entitled to make amendment – Whether amendment related back to date of issue of writ – Whether amendment should be struck out – R.S.C., […]

[1988] 1 Lloyd’s Rep. 245 Adam Fenton – Charter-party (Voyage) – Limitation of time – Stay of action – Appointment of arbitrator eight weeks out of time – Writ endorsed with claim for freight – Whether owners’ claim to freight unarguable – Whether application for extension of time should be granted – Whether action should […]

[1990] 2 Lloyd’s Rep. 21 Mr. Timothy Brenton acted for Bombay Trading and advanced an argument of attractive simplicity.

[1988] 1 Lloyd’s Rep. 36; [1988] 1 WLR 221; [1987] 1 WLR 1197; [1987] 3 All ER 967; [1987] 2 All ER 905 Dominic Kendrick – Practice – Security for costs – Co-plaintiffs – Roll-on roll-off vessel capsized at Jeddah – Plaintiff cargo-owners claimed damages – Defendants applied for security of costs – 50 per […]

[1988] 1 Lloyds Rep 238 Gavin Kealey – Practice – Writ – Extension Of Validity – Application To Set Aside – Vessel Sunk Off Crete – Cargo-Owners Claimed Against Defendant Panamanian Owners – Writ Served Out Of Jurisdiction – Whether Writ Validly Served – Whether Extension Of Validity Should Be Granted – Whether Writ Should […]

[1987] 2 Lloyd’s Rep. 376 Dominic Kendrick – Charter-party (Time) – Cancellation – Allegation of deficiencies in inter alia vessel’s tank cleaning system – Charterers refused to take delivery of vessel – Arbitrators found in favour of owners – Whether vessel fitted for service – Whether charterers justified in cancelling charter – Whether arbitrators misdirected […]

[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.

[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.

[1987] 1 Lloyd’s Rep. 424 Jonathan Gaisman – Carriage by sea – Limitation of time – Cargo wrongfully stowed on deck – Damage to cargo

[1987] 1 Lloyd’s Rep. 465 Dominic Kendrick – Carriage by sea – Damage to cargo – Charterers sold cargo to sub-buyers – Property remained vested in charterers – Charterers obtained payment in full from sub-buyers – Cargo damaged by defective conditions of hatch coamings – Whether charterers could claim substantial damages from shipowners

[1987] 1 Lloyd’s Rep. 452 Charles Priday- Admiralty practice – Arrest and sale of vessel – Plaintiffs incurred costs in arresting and preserving vessel – Vessel sold and proceeds paid into Court – Whether plaintiffs entitled to payment out of funds in Court.

[1987] 1Lloyd’s Rep 456 Dominic Kendrick acted in this indemnity against consequences of signing bills of lading. Charter-party (Voyage) – Bills of lading – Indemnity – Charterers presented inaccurate bills of lading for signature – Damage to cargo – Receivers’ claim settled – Whether charterers in breach in presenting inaccurate bills – Whether master’s negligent […]

[1987] 1 Lloyd’s Rep. 230; [1986] 2 Lloyd’s Rep. 593 Dominic Kendrick – Charter-party (Time) – Fuel costs – Charterers claimed cost of diesel oil used for domestic consumption – Whether claim fell within cl. 20 – Whether cl. 20 extended to all diesel used for domestic consumption by officers and crew – Whether charterers […]

[1987] 2 Lloyd’s Rep. 541 Jonathan Gaisman – Contract – Repudiation – Application for stay

[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.

[1987] QB 650 ; [1986] 3 WLR 949 [1986] 2 Lloyd’s Rep. 336; [1986] 3 All ER 737 Dominic Kendrick – Arbitration – Award – Leave to appeal – Demurrage – Vessel prevented from berthing by adverse weather conditions – Owners claimed demurrage – Arbitrators found in favour of owners – Whether leave to appeal […]

[1987] 1 Lloyds Rep 372 Gavin Kealey – Insurance (Marine) – Breach of warranty – Vessel a total loss – Institute Time Clauses Hulls incorporated – Whether underwriters liable to indemnify mortgagees – Whether managing owner’s interest insurance effected by or for account of managing owners – Whether breach of warranty.

[1986] 2 Lloyd’s Rep. 328 Charles Priday – Charter-party (Voyage) – Limitation of time – Delay in discharging cargo – Owners submitted claim for demurrage – Charterers contended claim time barred – Whether demurrage claim independent of charter – Whether submission of claim should be treated as a step to commence arbitration proceedings – Whether […]

[1987] 1 Lloyd’s Rep. 119 Charles Priday – Charter-party (Voyage) – Cesser clause – Administrative Court of Basrah held owners liable to receivers for damage to cargo – Owners claimed payment from charterers – Whether charterers’ liability ceased upon cargo being shipped.

[1986] 2 Lloyd’s Rep. 68 Charles Priday – Charter-party (Voyage) – Demurrage – Currency – Lightening vessels to give notice of arrival off Sandheads – Notices given on completion of loading at Saugor – Whether notices valid – Whether laytime commenced when notice of readiness given at Calcutta – Currency in which demurrage should be […]

[1985] 2 Lloyds Rep 325; [1984] 1 Lloyd’s Rep. 635 Gavin Kealey and Jonathan Gaisman – Charter-party (Time) – Liability – Damages – Vessel’s crew and officers Filipinos – Vessel not in possession of I.T.F. Blue Card – I.T.F. stopped discharge of vessel – Whether vessel “fitted for service” – Whether owners in breach of […]

[1985] 2 Lloyd’s Rep. 470 Jonathan Gaisman – Charter-party (Time) – Hire – Equitable set off

[1986] Ch 471 ; [1985] 3 WLR 610 [1985] 2 Lloyd’s Rep. 372 Dominic Kendrick – Charter-party (Time) – Lien – Sub-freights – Vessel chartered to company – Whether shipowners’ contractual lien on sub-freights registrable as a charge on book debts of company

[1985] 2 Lloyds Rep 216 Gavin Kealey and Jonathan Gaisman – Charter-party (Time) – Stevedore damage – Vessel loaded cargo of granite blocks – In course of unloading tank tops damaged by falling blocks – Whether owners liable for damage caused by stevedores employed by charterers.

[1985] 1 Lloyd’s Rep. 283; [1985] A.C. 711 Jonathan Gaisman – Admiralty practice – Action in rem – Warrant of arrest – Application to set aside warrant and writ – Whether action lay outside jurisdiction of High Court – Whether application should be granted.

[1985] 1 Lloyd’s Rep. 597 Jonathan Gaisman – Arbitration – Award – Remission

[1985] 1 Lloyd’s Rep. 423 Jonathan Gaisman – Charter-party (Voyage) – Demurrage – Vessel required to flush sea line and ballast loading barge

[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.

[1985] 1 Lloyd’s Rep. 239 Jonathan Gaisman – Charter-party (Voyage) – Demurrage – Loss of time caused by breakdown of stacker-reclaimer

[1985] 1 Lloyd’s Rep. 370 Jonathan Gaisman – Sale of ship – Specific performance – Plaintiffs claimed vessels sold to them

[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

[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

[1984] 2 Lloyd’s Rep. 259 Jonathan Gaisman and Dominic Kendrick – Arbitration – Limitation of time – Centrocon arbitration clause

[1983] 2 Lloyds Rep 628 Timothy Brenton QC – Admiralty practice – Stay of action – Damages for personal injury – Indian seaman injured on board Indian vessel on high seas – Action brought in England – Whether stay would cause injustice to plaintiff – Whether action should be brought in India.

[1984] 1 Lloyd’s Rep. 173 Timothy Brenton – Collision – Apportionment of liability – Collision at Tartous Harbour – Vessels collided with each other and with barges – Whether reasonable care and skill exercised by masters of vessels – Liability for collision.

[1983] 1 Lloyd’s Rep. 514 Jonathan Gaisman – Arbitration – Limitation of time – Centrocon arbitration clause – Whether charterers’ claims for off-hire and disbursements time barred – Whether judgment under R.S.C., 0. 14, should be given – Arbitration Act, 1950, s. 27 – New York Produce Exchange form.

[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 […]

[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

[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.

[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 […]

[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

[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 […]

[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

[1981] 2 Lloyd’s Rep. 119 Jonathan Gaisman – Admiralty practice – Bill of lading – Foreign jurisdiction clause – Cargo alleged to be damaged on unloading – Cargo-owners commenced action for damage to cargo in England – Whether action should be stayed on the ground that parties agreed to refer disputes to Egyptian Court.

[1981] 2 Lloyd’s Rep. 159 Jonathan Gaisman – Charter-party (Voyage) – Demurrage – Charter varied to allow receivers to pay demurrage

[1981] 1 W.L.R. 138; [1980] 2 Lloyd’s Rep. 317 Jonathan Gaisman – Bill of lading – Exemption clause – Stevedores – Goods discharged and placed in warehouse – Usual practice for carriers to report to office with shipping documents to obtain gate pass and collect goods – Goods obtained by thief without presentation of documents […]

[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 […]

[1979] 1 QB 705 Gavin Kealey – Contract – Validity – Duress – Contract to build ship – Devaluation of currency – Shipbuilders’ refusal to honour contract unless payments increased to lessen effect of devaluation – Owners’ agreement to demands under protest – Whether economic pressure amounting to duress – Whether consideration for increased payments

[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 […]

[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 […]