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Lloyd’s Law Reports Volume 1 2018 is now available.This new volume features analysis and verbatim text of the most noteworthy court judgments to be handed down in the last six months of 2017. It is an essential reference tool for industry and legal professionals worldwide.

Lloyd’s Law Reports Bound Volume Volume 1 2018

Complete your collection with Lloyd’s Law Reports Volume 1 2018. Find out more: about.i-law.com/lawreports

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available

Award — Enforcement — Respondent failing to pay arbitration award — Claimant applying for third party debt order over letters of credit — Whether respondent was beneficiary of debt created by letters of credit — Situs of debt — Whether third party debt order should be made — Whether court entitled to make receivership order.Taurus Petroleum Ltd v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq, Supreme Court

AdmiraltyPersonal injury action — Cruise passenger sustaining injury on tender boat while disembarking for shore excursion — Whether claimant contracted with cruise operator — Whether incident occurred in course of carriage — Whether incident caused by fault or neglect of cruise operator — Athens Convention 1974, articles 1.8 and 3.Lawrence v NCL (Bahamas) Ltd (The “Norwegian Jade”), Court of Appeal

Admiralty practicePleading — Claimant shipowner suing cargo insurer under general average guarantee — Cargo insurer pleading defence of unseaworthiness — Whether adequate factual foundations for allegation — Whether claimant entitled to summary judgment.Cosco Bulk Carrier Co Ltd v Tianjin General Nice Coke and Chemicals Co Ltd and Another (The “Jia Li Hai”), Queen’s Bench Division, Commercial Court

AgencyCommercial Agents (Council Directive) Regulations 1993 — Whether software constituted goods — Whether either party in repudiatory breach of agency agreement — Commercial Agents Directive, Council Directive 86/653/EEC.Computer Associates UK Ltd v The Software Incubator Ltd, Court of Appeal

ArbitrationAnti-suit injunction — Cause of action estoppel — Issue estoppel — Abuse of process — Senior Courts Act 1981, section 37.Emmott v Michael Wilson & Partners Ltd, Court of Appeal

Application for permission to appeal — Running of time for permission to appeal following an application to the arbitrators for amendments to the award under the slip rule — Extension of time for the grant of permission to appeal — Arbitration Act 1996, sections 57, 69, 70 and 80.Daewoo Shipbuilding & Marine Engineering Co Ltd v Songa Offshore Equinox Ltd and Another, Queen’s Bench Division

Lloyd’s Law ReportsVolume 1 2018Lloyd’s Law Reports is the unrivalled source of authoritative content, carefully edited by Professor Robert Merkin QC and Michael Daiches, Barrister, both experts in the maritime and commercial sector. Legal professionals around the globe regard Lloyd’s Law Reports as the leader in providing them with the latest case law and approved judgments.

Volume 1 2018 features the following judgments, carefully selected for their importance and relevance to the legal landscape. Each reference is accompanied by keywords which will help you identify the important issues addressed in each judgment and headnote.

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296Number of cases considered overall in Lloyd’s Law Reports Volume 1 2018

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Award set aside and remitted to arbitrator — Jurisdiction of arbitrator under a remitted arbitration — Jurisdiction to take account of facts arising after issue of first award — Jurisdiction of arbitrator — Whether agreement to extend jurisdiction — Waiver — Whether later award obtained by fraud — Serious irregularity — Arbitration Act 1996, sections 45, 67, 68, 71 and 73.Stockman Interhold SA v Arricano Real Estate plc, Queen’s Bench Division, Commercial Court

Claim in arbitration rejected and costs awarded against claimant — Appeal against arbitration award for serious irregularity — Application by defendant for security for the costs of the application and security for the costs award — Effect of claim being funded by litigation funders — Arbitration Act 1996, sections 68(2)(d), 70(5) and 70(6).Progas Energy Ltd and Others v The Islamic Republic of Pakistan, Queen’s Bench Division, Commercial Court

Interim relief — Order preserving evidence or assets — Whether matter urgent — Whether court should intervene where arbitration had its seat in Switzerland — Arbitration Act 1996, sections 2(3) and 44(3).Company 1 v Company 2 and Another, Queen’s Bench Division, Leeds District Registry

Jurisdiction — Agency — Whether notice of arbitration validly served on the claimant — Actual and ostensible authority — Ratification — Arbitration Act 1996, sections 72 and 76.Sino Channel Asia Ltd v Dana Shipping & Trading Pte Singapore, Court of Appeal

Jurisdiction — Bilateral Investment Treaty — Vienna Convention 1969 — Arbitration Act 1996, section 67.GPF GP Sarl v The Republic of Poland, Queen’s Bench Division, Commercial Court

Jurisdiction — Meaning of foreign law — Arbitration Act 1996, section 67.Kyrgyz Republic v Stans Energy Corporation and Another, Queen’s Bench Division, Commercial Court

Jurisdiction — Meaning of “substantive jurisdiction” — Arbitration Act 1996, section 67.Petroleum Company of Trinidad and Tobago Ltd v Samsung Engineering Trinidad Co Ltd, Queen’s Bench Division, Technology and Construction Court

Jurisdiction — Serious irregularity — Unfairness, excess of powers and failure to adhere to agreed procedures — Error of law — Arbitrability of act of state — Waiver of defence of act of state — Reservation of issue for future determination — Arbitration Act 1996, sections 31, 33, 47, 67, 68, 69 and 70.Reliance Industries Ltd and Another v The Union of India, Queen’s Bench Division, Commercial Court

Jurisdiction — Whether challenge went to jurisdiction — Whether right to challenge lost by waiver — Arbitration Act 1996, sections 31, 67 and 73.Exportadora de Sal SA de CV v Corretaje Maritimo Sud-Americano Inc, Queen’s Bench Division, Commercial Court

Jurisdiction — Whether tribunal properly constituted — Notice of arbitration sent to personal email address of employee of respondent company — Whether notice of arbitration validly served — Whether agency principles applicable — Whether recipient had actual or ostensible authority to accept notice of arbitration.Glencore Agriculture BV (Formerly Glencore Grain BV) v Conqueror Holdings Ltd (The “Amity”), Queen’s Bench Division, Commercial Court

Point of law — Application for permission to appeal from award of Financial Ombudsman Service — Meaning of “arbitration agreement” — Arbitration Act 1996, sections 6, 58 and 69.Berkeley Burke SIPP Administration LLP v Charlton and Another, Queen’s Bench Division, Commercial Court

Reinsurance — Qualification of arbitrator — Whether arbitrator should be removed — Arbitration Act 1996, sections 24 and 30.Tonicstar Ltd v Allianz Insurance plc and Another, Queen’s Bench Division, Commercial Court

Reinsurance — Qualification of arbitrator — Whether arbitrator should be removed — Arbitration Act 1996, sections 24 and 30.Allianz Insurance plc and Another v Tonicstar Ltd, Court of Appeal

Removal of arbitrator — Potential bias — Test for potential bias — Whether arbitrator should have disclosed other later appointments — Arbitration Act 1996, section 24.Halliburton Co v Chubb Bermuda Insurance Ltd and Others, Court of Appeal

Vessel subjected to prolonged detention by Venezuelan courts — Arbitrator making interim award determining that detention was caused by charterers’ employment order — Arbitrator making subsequent award in respect of owners’ continuing losses — Whether arbitrator applied wrong legal test for causation — Whether events since initial award broke chain of causation — Whether arbitrator erred in making deduction for drydocking expenses potentially saved.ST Shipping and Transport Pte Ltd v Space Shipping Ltd (The “CV Stealth”) (No 2), Queen’s Bench Division, Commercial Court

Carriage by airInsolvency — Airline in administration — Allocation of airport slots — Council Regulation (EEC) No 95/93 on the common rules for the allocation of slots at Community airports.R (Monarch Airlines Ltd) v Airport Coordination Ltd, Court of Appeal

Jurisdiction — Connecting flight operated by different air carriers — Concept of “matters relating to a contract” — Concept of “place of performance” — Right of air passengers to compensation for denied boarding and for long delay of a flight — Action for compensation brought against operating air carrier not domiciled in the territory of a member state or with which the passengers do not have contractual relation — Regulation 261/2004/EC — Regulation 44/2001/EC, article 5(1) — Regulation 1215/2012/EC, article 7(1).Flightright GmbH v Air Nostrum, Líneas Aéreas del Mediterráneo SA; Becker v Hainan Airlines Co Ltd; Barkan and Others v Air Nostrum, Líneas Aéreas del Mediterráneo SA, Court of Justice of the European Union

Passengers — Delay — Passengers suffering delay involving connecting flights from Dubai by non-EU Community carrier — Whether passengers entitled to compensation under Regulation (EC) No 261/2004.Gahan v Emirates; Buckley and Others v Emirates, Court of Appeal

Carriage of goods by airCarrier claiming air freight from defendant — Defendant seeking to set off counterclaim for breach of contract of carriage — Whether common-law rule precluding set-off against freight extended to carriage by air.Schenker Ltd v Negocios Europa Ltd, Queen’s Bench Division, London Circuit Commercial Court

Carriage of goods by seaPackage limitation — Whether “unit” meant physical unit for shipment or unit of measurement — Whether package limitation capable of applying to bulk cargo — 1924 Hague Rules, article IV rule 5.Vinnlustodin HF and Another v Sea Tank Shipping AS (The “Aqasia”), Court of Appeal

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Charterparty (time)NYPE Inter-Club Agreement 1996 — Clause 8(d) — Whether “act” requires fault.Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd (MV “Yangtze Xing Hua”), Court of Appeal

Charterparty (voyage)Charterparty containing cancelling date but no ETA — Nature of owners’ obligation to commence approach voyage — Whether obligation absolute or to use due diligence — Vessel delayed through no fault of owners — Whether owners in breach of obligation in relation to approach voyage.CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd (The “Pacific Voyager”), Queen’s Bench Division, Commercial Court

ContractCounterclaim for damages for repudiatory breach or renunciation — Contract terminated by defendant by reason of claimant going into administration — Whether claimant in repudiatory breach — Whether defendant could rely upon repudiation or renunciation where termination was not based on breach.Phones 4U Ltd (in administration) v EE Ltd, Queen’s Bench Division, Commercial Court

Exclusion clause — Defendant contracting to overhaul engines of plaintiff’s tugboat — Engine damaged after seizing up during testing — Whether defendant in breach of contract — Whether plaintiff’s or defendant’s standard terms applied — Whether defendant entitled to limit liability to price of quotation.Pan-United Shipping Pte Ltd v Cummins Sales and Service Singapore Pte Ltd, High Court of Singapore

Formation — Negotiations for charter of vessel — Owners’ offer expressed to be “Subject to review” of charterer’s pro forma charterparty “with logical amendment” — Whether binding contract concluded — Whether any concluded contract void for uncertainty.Toptip Holding Pte Ltd v Mercuria Energy Trading Pte Ltd (The “Pan Gold”), Court of Appeal of Singapore

Illegality — Mistake — Public policy — Rule against penalties.Dana Gas PJSC v Dana Gas Sukuk Ltd and Others, Queen’s Bench Division, Commercial Court

Measure of damages — Breach of non-competition clause and non-solicit obligations — Whether damages to be awarded based on notional negotiation of rights between the parties — Senior Courts Act 1981, section 50.Morris-Garner and Another v One Step (Support) Ltd, Supreme Court

DemurrageTime bar — Charter providing that demurrage claims should be time-barred unless submitted with supporting documents within 90 days of discharge of cargo — Whether time bar applied to time lost waiting for orders.Lukoil Asia Pacific Pte Ltd v Ocean Tankers (Pte) Ltd (The “Ocean Neptune”), Queen’s Bench Division, Commercial Court

Dishonest assistance with breach of fiduciary dutyDuty of care owed by bank — Whether duty broken — Illegality — Attribution — Contributory negligence — Law Reform (Contributory Negligence) Act 1945.Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd, Court of Appeal

General averageVessel seized by pirates in Gulf of Aden — Negotiations for payment of ransom — Whether expenses incurred by shipowner during period of negotiations allowable in general average — York-Antwerp Rules 1974, Rule F.Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte mbH & Co KG and Another (The “Longchamp”), Supreme Court

Vessel suffering engine breakdown whilst seeking to avoid typhoon — Whether casualty caused by actionable fault on part of shipowners — Burden of proof as to reasonableness of expenditure claimed — Whether mere immobilisation a sufficient peril or danger in the law of general average — Whether expenditure reasonable.MT “Cape Bonny” Tankschiffahrts GmbH & Co KG v Ping An Property and Casualty Insurance Company of China Ltd, Beijing Branch (The “Cape Bonny”), Queen’s Bench Division, Commercial Court

GuaranteePersonal guarantee provided by private individual — Whether on demand bond or guarantee of performance by third party.Ultrabulk A/S v Jagatramka, Queen’s Bench Division, Commercial Court

Courts involved in judgments featured in Volume 1 2018

Queen’s Bench Division Queen’s Bench Division (Comm Court) Queen’s Bench Division (TCC) Other lower court Court of Appeal Supreme Court Singapore (High Court of) Singapore (Court of Appeal) CJEU

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Insurance (marine)Vessel damaged by fi re — Whether vessel a constructive total loss — Whether notice of abandonment validly served — Assessment of costs of repairs — Whether costs incurred before notice of abandonment served to be taken into account — Salvage costs — Suing and labouring — Marine Insurance Act 1906, sections 60, 62 and 88.Connect Shipping Inc and Another v Sveriges Angfartygs Assurans Forening (The Swedish Club) and Others (The “Renos”), Court of Appeal

Insurance (professional indemnity)Liability of insurer to pay defence costs — Coverage dispute resolved by arbitrator in favour of insurers — Whether assured required to repay defence costs — Serious irregularity in award on costs — Extension of time for appeal — Arbitration Act 1996, sections 33, 68, 69, 70 and 80.Oldham v QBE Insurance (Europe) Ltd, Queen’s Bench Division, Commercial Court

JurisdictionSales Agency Agreement including an arbitration clause — Identity of parties to the arbitration clause — Implied contract — Construction of notice of arbitration — Arbitration Act 1996, section 67.SEA2011 Inc v ICT Ltd, Queen’s Bench Division, Commercial Court

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PracticeLimitation of time — Personal injury — Claimant passenger disembarking from boat after fishing trip — Claimant slipping on plywood board placed on shingle at foot of freestanding steps — Whether accident occurred while in course of disembarkation — Whether claim time-barred — Athens Convention 1974, articles 1(8) and 3.Collins v Lawrence, Court of Appeal

Stakeholder proceedings — Whether “competing claims” — Effect of Rule B attachment — CPR Part 86.ST Shipping and Transport Pte Ltd and Others v Space Shipping Ltd and Another (The “CV Stealth”) (No 3), Queen’s Bench Division, Commercial Court

Sale of goods (fob)Cargo of gasoil delivered to Nigeria — Buyer alleging cargo off specification — Seller bringing proceedings in England claiming negative declaratory relief and seeking summary judgment — Whether claimant entitled to summary judgment — CPR 24.Trafigura Beheer BV v Renbrandt Ltd, Queen’s Bench Division, Commercial Court