Carriage of passengers by air – European Law – Flight from Portugal to London cancelled following eruption of Icelandic volcano – Airline offering claimant alternative flight but claimant electing to return home by hired car – Whether claimant entitled to compensation or relief under EU Regulation 261/2004
(2012) 839 LMLN 1
Air TransportCarriage of goods by sea – Title to sue – Shipowners delivering cargo without production of original bills of lading – Whether claimant bank lawful holder of bill of lading – Carriage of Goods by Sea Act 1992 – Tort – Whether shipowner liable for civil conspiracy to defraud bank
(2012) 839 LMLN 2
Bills of ladingPractice – Compromise – Shipowner bringing proceedings against insurers to enforce marine insurance policy – Action settled on terms set out in Tomlin Order – Settlement agreement containing English jurisdiction clause – Shipowner subsequently bringing claims against insurers in Greece – Insurers applying for summary enforcement of Tomlin Order and also bringing fresh actions for declaratory and other relief – Whether shipowner’s claims in Greek proceedings precluded by terms of settlement – Whether insurers entitled to summary enforcement of Tomlin Order – Whether insurer’s actions should be stayed
(2012) 838 LMLN 3
Practice & Procedure, Jurisdiction and EnforcementArbitration – Jurisdiction – Serious irregularity – Salvage arbitrator making award against respondent cargo owners – Cargo owners contending they had not authorised representatives to act for them in the arbitration – Whether arbitrator retained jurisdiction to remedy alleged breach of natural justice – Whether innocent failure by arbitrator to give cargo owners opportunity of putting their case constituted serious irregularity – Arbitration Act 1996, sections 32 and 68
(2012) 838 LMLN 2
JurisdictionPractice – Costs – Collision action
(2011) 835 LMLN 3
Practice & ProcedureCharterparty – Time charter terminated by owners for repudiatory breach – Vessel at sea carrying cargo on date of termination – Whether owners entitled to quantum meruit for carrying and discharging cargo subsequent to termination
(2011) 837 LMLN 3
Arbitration, CharterpartyCharterparty – Freight – Tanker voyage charter – Freight payable at Worldscale rate – Worldscale not having any rate for discharge port – Charterers subsequently agreeing to pay port expenses – Whether separate agreement – Amoco Claims Clause – Owners’ claim for port charges/ freight not presented within stipulated period – Whether claim time-barred
(2011) 836 LMLN 3
Arbitration, CharterpartyMarine insurance – Institute Time Clauses – Hulls – Follow leader clause – Tug grounding on route to tow - Leader settling assured’s claim – Whether co-insurer entitled to reject claim on basis of breach of warranty notwithstanding leader’s settlement – Whether assured in breach of warranty – Whether assured could rely on held covered clause – Whether co-insurer discharged from liability by reason of assured’s fraudulent representations
(2011) 832 LMLN 2
Insurance & FinanceLimitation of liability - Limitation Convention - Fishing vessel's gear getting hooked on submarine fibre optic cable - Master of fishing vessel cutting submarine cable to release gear - Owners of cable bringing proceedings in personam and in rem - Whether defendants liable - Whether defendants entitled to limit liability - Whether underwriters entitled to deny coverage
(2011) 822 LMLN 3
Limitation of Liability, Insurance & FinanceConflict of laws - Jurisdiction - Forum non conveniens - Indian crewmember of foreign-flagged vessel sustaining personal injury when vessel at anchor in United Kingdom territorial waters - Crewmember obtaining default judgment against shipowner - Shipowner challenging jurisdiction - Whether relevant jurisdiction that of vessel's flag or of littoral state - Whether forum non conveniens - Whether default judgment should be set aside
(2011) 822 LMLN 2
Conflict of Laws, Choice of Law, Choice of Forum, Tort ClaimsConflict of laws – Applicable law – Whether commission agreement governed by English law – Rome Convention Article 3.1 – Forum non conveniens
(2009) 783 LMLN 2
Conflict of Laws, Choice of Law, Choice of ForumCharterparty – NYPE form – Charterparty incorporating NYPE Interclub Agreement – Time bar – Charterparty expressly providing that claims to be made within 12 months of final discharge – NYPE Interclub Agreement providing that claims barred unless notified in writing within 24 months of delivery of cargo – Whether 12 months or 24 months limit applied to cargo claim
(2011) 837 LMLN 1
CharterpartyCharterparty – Bunkers on delivery – Owners and former sub-charterers entering into new charter after premature termination of original head charter – Whether charterers obliged to pay for bunkers on delivery
(2011) 836 LMLN 4
Arbitration, CharterpartyPractice – Security – Whether court should reduce amount of Rule B Attachment
(2010) 792 LMLN 4(2)
Injunctions and Remedies, Carriage of Goods & PersonsContract – Compromise agreement between charterers and shipowners – Charterers warranting that weights of cargo correctly stated in draft survey summaries at loadport – Cargo measured by truck bridge-scale at discharge port – Discrepancy between weights as measured by truck bridge-scale and weights as stated in loadport draft survey summaries – Whether charterers in breach of warranty
(2010) 790 LMLN 2(2)
Arbitration, Carriage of Goods & PersonsAdmiralty jurisdiction – Attachment of electronic funds - Whether decision in Shipping Corporation of India v Jaldhi Overseas retroactive
(2010) 787 LMLN 2
Admiralty, Practice & ProcedureAdmiralty jurisdiction – Attachment of electronic funds in intermediary bank – Whether funds the “property” of the defendant - Whether funds subject to maritime attachment – Whether “Winter Storm” decision should be overruled
(2009) 782 LMLN 1
Admiralty
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