Lloyd s Law Reports Bound Volume Volume

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1 Discounts on current editions available Lloyd s Law Reports Bound Volume Volume 208 Informa Law is a specialist publisher in the field of law reporting. Our Bound Volumes collection dates back to 99 and includes volumes for our leading reports and review journals in the fields of building, maritime and commercial, insurance and medical law. Bound Volumes Series available as full sets, small bundles and individual units Make sure your legal library is complete Our Law Reports Bound Volumes are your powerful reference resource for all your legal research needs. Each volume contains fully headnoted, verbatim judgments. Each attractively cloth-bound edition collates the most noteworthy legal decisions reported within the year. Access cases and precedents across the full print archive. Carefully crafted headnotes crystallise the most significant cases from the world-renowned courts of England and Wales. Recent volumes include the most influential cases from overseas jurisdictions. Our distinguished editors include high court judges, eminent professors, the Immediate Past Chair of the Bar Council, and leading QCs. Lloyd s Law Reports Volume 208 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 207. It is an essential reference tool for industry and legal professionals worldwide. Complete your collection with Lloyd s Law Reports Volume 208. Find out more: about.i-law.com/lawreports

2 Lloyd s Law Reports Volume 208 Lloyd 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 208 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. Admiralty Personal 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 974, articles.8 and 3. Lawrence v NCL (Bahamas) Ltd (The Norwegian Jade ), Court of Appeal Admiralty practice Pleading 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, Agency Commercial Agents (Council Directive) Regulations 993 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 Arbitration Anti-suit injunction Cause of action estoppel Issue estoppel Abuse of process Senior Courts Act 98, 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 996, sections 57, 69, 70 and 80. Daewoo Shipbuilding & Marine Engineering Co Ltd v Songa Offshore Equinox Ltd and Another, Queen s Bench Division 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 Cases judicially considered and their treatment Cases applied 296 Number of cases considered overall in Lloyd s Law Reports Volume Cases considered Cases disapproved 24 Cases distinguished 2 Cases doubted Cases explained Cases followed 3 Cases not followed Cases overruled 48 Cases referred to 2 / Business Intelligence informa Lloyd s and the Lloyd s crest are the registered trade marks of the society incorporated by the Lloyd s Act 87 by the name of Lloyd s.

3 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 996, sections 45, 67, 68, 7 and 73. Stockman Interhold SA v Arricano Real Estate plc, Queen s Bench Division, 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 996, sections 68(2)(d), 70(5) and 70(6). Progas Energy Ltd and Others v The Islamic Republic of Pakistan, Queen s Bench Division, Interim relief Order preserving evidence or assets Whether matter urgent Whether court should intervene where arbitration had its seat in Switzerland Arbitration Act 996, sections 2(3) and 44(3). Company 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 996, sections 72 and 76. Sino Channel Asia Ltd v Dana Shipping & Trading Pte Singapore, Court of Appeal Jurisdiction Bilateral Investment Treaty Vienna Convention 969 Arbitration Act 996, section 67. GPF GP Sarl v The Republic of Poland, Queen s Bench Division, Jurisdiction Meaning of foreign law Arbitration Act 996, section 67. Kyrgyz Republic v Stans Energy Corporation and Another, Queen s Bench Division, Jurisdiction Meaning of substantive jurisdiction Arbitration Act 996, 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 996, sections 3, 33, 47, 67, 68, 69 and 70. Reliance Industries Ltd and Another v The Union of India, Queen s Bench Division, Jurisdiction Whether challenge went to jurisdiction Whether right to challenge lost by waiver Arbitration Act 996, sections 3, 67 and 73. Exportadora de Sal SA de CV v Corretaje Maritimo Sud-Americano Inc, Queen s Bench Division, Jurisdiction Whether tribunal properly constituted Notice of arbitration sent to personal 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, Point of law Application for permission to appeal from award of Financial Ombudsman Service Meaning of arbitration agreement Arbitration Act 996, sections 6, 58 and 69. Berkeley Burke SIPP Administration LLP v Charlton and Another, Queen s Bench Division, Reinsurance Qualification of arbitrator Whether arbitrator should be removed Arbitration Act 996, sections 24 and 30. Tonicstar Ltd v Allianz Insurance plc and Another, Queen s Bench Division, Reinsurance Qualification of arbitrator Whether arbitrator should be removed Arbitration Act 996, 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 996, 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, Carriage by air Insolvency 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 26/2004/EC Regulation 44/200/EC, article 5() Regulation 25/202/EC, article 7(). 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 26/2004. Gahan v Emirates; Buckley and Others v Emirates, Court of Appeal Carriage of goods by air Carrier 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 Carriage of goods by sea Package limitation Whether unit meant physical unit for shipment or unit of measurement Whether package limitation capable of applying to bulk cargo 924 Hague Rules, article IV rule 5. Vinnlustodin HF and Another v Sea Tank Shipping AS (The Aqasia ), Court of Appeal informa Business Intelligence / 3

4 Charterparty (time) NYPE Inter-Club Agreement 996 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, Contract Counterclaim 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, Courts involved in judgments featured in Volume 208 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, Measure of damages Breach of non-competition clause and nonsolicit obligations Whether damages to be awarded based on notional negotiation of rights between the parties Senior Courts Act 98, section 50. Morris-Garner and Another v One Step (Support) Ltd, Supreme Court Demurrage Time 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, Dishonest assistance with breach of fiduciary duty Duty of care owed by bank Whether duty broken Illegality Attribution Contributory negligence Law Reform (Contributory Negligence) Act 945. Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd, Court of Appeal General average Vessel 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 974, Rule F. Mitsui & Co Ltd and Others v Beteiligungsgesellschaft LPG Tankerflotte mbh & Co KG and Another (The Longchamp ), Supreme Court 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 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, Guarantee Personal 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, 4 / Business Intelligence informa

5 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 906, 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 996, sections 33, 68, 69, 70 and 80. Oldham v QBE Insurance (Europe) Ltd, Queen s Bench Division, Jurisdiction Sales Agency Agreement including an arbitration clause Identity of parties to the arbitration clause Implied contract Construction of notice of arbitration Arbitration Act 996, section 67. SEA20 Inc v ICT Ltd, Queen s Bench Division, Practice Limitation 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 974, articles (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, 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, Contact us today to complete your Bound Volume collection of Lloyd s Law Reports, and to receive our special rates. lawsales@informa.com about.i-law.com (EMEA) (APAC) POWERING SHIPPING Maritime & Commercial on i-law.com is the leader in maritime law research. about.i-law.com informa Business Intelligence / 5