Elafonissos Fishing and Shipping Co v Aigaion Insurance Co SA (The “Agios Spyridon”) - QBD (Com Ct)(Gloster J) – 4 April 2012

Marine insurance – Practice – Insurers making late application to amend defence to allege breach of warranty that vessel was “laid up … in port” – Whether implied term that vessel would be in “in hot lay up” – Whether amendment should be allowed

(2012) 845 LMLN 2

Insurance & Finance

Sealion Shipping Ltd and Anr v Valiant Insurance Company (The “Toisa Pisces”) – QBD (Com Ct)(Blair J) – 20 January 2012

Marine insurance – Loss of hire cover – Whether insurers entitled to avoid policy for material non-disclosure – Whether assured failed to exercise due diligence – Whether one breakdown or three breakdowns for purposes of deductible

(2012) 840 LMLN 3

Insurance & Finance

Rainy Sky SA and Ors v Kookmin Bank – Supreme Court (Lord Phillips PSC, Lord Mance, Lord Kerr, Lord Clarke and Lord Wilson JJSC) – 2 November 2011

Contract – Advance Payment Bond – Bank issuing advance payment bonds guaranteeing repayment to buyers of pre-delivery instalments of purchase price on termination of shipbuilding contracts – Whether bond covered insolvency of shipbuilder

(2011) 834 LMLN 1

Ship Finance

PT Buana Samudra Pratama v Marine Mutual Insurance Association (NZ) Ltd (The “Buana Dua”) – QBD (Com Ct) (Teare J) – 29 September 2011

Marine 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 & Finance

Garnat Trading & Shipping (Singapore) Pte Ltd and Anr v Baominh Insurance Corporation - Court of Appeal (Mummery, Longmore and Aikens LJJ) - 6 July 2011

Garnat (“the owners”) agreed to purchase a floating dock and workshop from a Hong Kong company for use in Vietnam.

Société Telus Communications and Ors v Peracomo Inc and Ors (The "Realice") - Federal Court (Harrington J) - 6 May 2011

The fishing vessel Realice was owned by Peracomo Inc, the president and sole shareholder of which was Mr Réal Vallée, who was also the master of the vessel.

Fortis Bank SA/NV and Anr v Indian Overseas Bank (No 2) - QBD (Com Ct)(Jonathan Hirst QC sitting as a Deputy Judge of the High Court) - 29 March 2011

The second claimant (“Stemcor”) entered into five contracts, incorporating Incoterms 2000, under which they sold containerised scrap to SESA International Ltd (“SESA”).

SW Traders LLC v United Specialty Insurance and Anr (The "Pacific Dawn") - US Court of Appeals (9th Circuit)(Fletcher, Fernandez and Bybee Ct JJ) - 18 November 2010

The appellant, SW Traders LLC, appealed the district court’s grant of summary judgment in favour of the appellee insurers.

Melinda Holdings SA v Hellenic Mutual War Risks Association (Bermuda) Ltd (The "Silva") - QBD (Com Ct)(Burton J) - 18 February 2011

In 1996 the owners and the managers of the vessel Safir (among other defendants) were found liable by the Port Said Court of First Instance in respect of a pollution incident in 1989 when the Safir grounded off the coast of Egypt.

Fortis Bank SA/NV and Anr v Indian Overseas Bank - Court of Appeal (Arden, Thomas and Etherton LJJ) - 31 January 2011

The second claimant (“Stemcor”) entered into five contracts, incorporating Incoterms 2000, under which they sold containerised scrap to SESA International Ltd.

Masefield AG v Amlin Corporate Member Ltd (The "Bunga Melati Dua") - Court of Appeal (Rix, Moore-Bick and Patten LJJ) - 26 January 2011

On 19 August 2008 the tanker Bunga Melati Dua was seized by Somali pirates in the Gulf of Aden.

Global Process Systems Inc and Anr v Syarikat Takaful Malaysia Berhad (The "Cendor MOPU") - Supreme Court (Lord Mance, Lord Collins, Lord Clarke and Lord Dyson JJSC and Lord Saville) - 1 February 2011

In May 2005 the oil rig Cendor MOPU , lying at Galveston, Texas, was purchased by the claimants for conversion into a mobile offshore production unit for use off the coast of East Malaysia.

The Representative of Lloyd's and Ors v Classic Sailing Adventures (Pty) Ltd (The "Mieke") - Supreme Court of Appeal of South Africa (Harms, Lewis, Cachalia and Malan JJA and Griesel AJA) - 31 May 2010

Classic Sailing owned the schooner Mieke which was insured with Lloyd’s under a hull policy expressly governed by English law and which covered loss or damage to the vessel caused inter alia , by any latent defect in the machinery or hull, provided that the loss or damage was not the result of “want of due diligence by the Assured, Owners or Managers”.

Cosco Bulk Carrier Co Ltd v Team-Up Owning Co Ltd (The “Saldanha”) – QBD (Comm Ct)(Gross J) – 11 June 2010

The vessel Saldanha was chartered on the NYPE form as amended for a period of 47 to 50 months.