The defendant ship-owners contracted to lease the ship on charter to the plaintiffs. Before the term, the ship was requisitioned for the war effort. The plaintiffs did not exercise the contractual right given to them to cancel the charterparty. The charterparty embodied no specific date as the date for the initial delivery of the vessel; … Continue reading Bank Line Ltd v Arthur Capel and Co: HL 12 Dec 1918
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities requested an adjournment pending the outcome of the criminal trial. The tribunal refused it. The … Continue reading Mote v Secretary of State for Work and Pensions and Another: CA 14 Dec 2007
The parties disputed the termination of a charterparty for anticipatory repudiatory breach. Held: To the extent that the dispute relied on disputes of fact, the court preferred the evidence of the claimant. The defendant had displayed an intention to repudiate the contract. The claimant was entitled to accept that renunciation as a repudiatory breach and … Continue reading SK Shipping (S) Pte Ltd v Petroexport Ltd: ComC 24 Nov 2009
The claimant sought to set aside an arbitration saying that the arbitrator had misapplied the test for economic duress. Judges: Cooke HHJ Citations: [2012] EWHC 273 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria ComC 7-Oct-2010 The courts do not approach … Continue reading Progress Bulk Carriers Ltd v Tube City IMS Llc: ComC 17 Feb 2012
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no valid engineer’s decision within the time limit provided. Held: The court must avoid … Continue reading Amec Civil Engineering Ltd v Secretary of State for Transport: CA 17 Mar 2005
The court was asked to rule as to the recognition of a foreign (Moscow) decree of divorce obtained in breach of an Hemain injunction. The Russian proceedings had got to a stage requiring H positively to apply to prevent the decree. Held: The appeal was allowed, and the decree of the Russian court accepted. Thorpe … Continue reading Golubovich v Golubovich: CA 21 May 2010
Receivers claimed against shipowners under a bill of lading for loss of a cargo. The shipowners argued on a preliminary issue that the insurance proceeds paid to receivers fell to be taken into account so as to wipe out the damages claimed. They sought to distinguish Bradburn on the particular facts by reason of the … Continue reading The Yasin: 1979
The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the repudiation. The arbitrator had set off the profit … Continue reading Fulton Shipping Inc of Panama v Globalia Business Travel Sau: CA 21 Dec 2015
The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price than would have been obtained had the charter continued for … Continue reading Globalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama: SC 28 Jun 2017
(Hong Kong) The board was asked whether a contract of guarantee had been obtained by duress. Held: Lord Scarman said: ‘Duress, whatever form it takes, is a coercion of the will so as to vitiate consent. Their Lordships agree with the observation of Kerr J. in Occidental Worldwide Investment Corporation v. Skibs A/S Avanti [1976] … Continue reading Pao On and Others v Lau Yiu Long and Others: PC 9 Apr 1979
Citations: [1979] AC 685, [1979] 1 QB 4911 Jurisdiction: England and Wales Citing: Appeal from – Services Europe Atlantique Sud (SEAS) v Stockholms Rederiaktiebolag CA 1979 Goff LJ discussed whether damages might be ordered to be paid in a foreign currency: ‘For my part, I do not understand these cases to be inconsistent with the … Continue reading Services Europe Atlantique Sud (SEAS) v Stockholms Rederiaktiebolag Svea: HL 1979
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989
The pursuers were contracted to sell a property with sole selling rights. The contract was terminable on two weeks notice. Notice was given, and another company engaged. A buyer confused the two agents and obtained details from the pursuer’s office, and later bought. The pursuer sought payment for the sale. The Sherriff had declined to … Continue reading G and S Properties v Francis and Another: SCS 13 Jun 2001
After long running litigation between the parties, a shareholder and director of Apollo sought to represent the company in person. He was refused leave by the Court of Session, and now sought to appeal. The Court considered the possibility of an appeal given that he was not a party to the action. Held: The appeal … Continue reading Apollo Engineering Ltd v James Scott Ltd (Scotland): SC 13 Jun 2013
The claimant sought to require the defendants not to work during their notice period to achieve the equivalent of garden leave despite there being no provision for garden leave in the contracts. It was said that the defendants had conspired together as a preliminary to leaving and then competing with the claimants using confidential and … Continue reading SG and R Valuation Service Co v Boudrais and others: QBD 12 May 2008
The claimants had applied for the winding up of a company for very substantial sums of VAT due to it. Anticipating that hearing, it now sought restraining orders against the director defendants, alleging that there had been a carousel or missing trader fraud. The defendants said that the interim frezing orders made had been without … Continue reading HM Revenue and Customs v Egleton and others: ChD 19 Sep 2006
The parties disputed the effect of a clause in an option agreement, and as to whether it contained an agreement to negotiate and was therefore not binding. Held: Chadwick LJ said: ‘First, each case must be decided on its own facts and on the construction of the words used in the particular agreement. Decisions on … Continue reading B J Aviation Ltd v Pool Aviation Ltd: CA 18 Jan 2002
In a building dispute, the arbitrator found that the parties had departed from the standard JCT terms, and declined to arbitrate. The parties said that when called upon to act he ‘shall’ do so. The adjudicator had misconstrued his powers. It was clear that there was a proper dispute requiring his decision, and he was … Continue reading Ballast Plc v The Burrell Company (Construction Management) Limited: SCS 21 Jun 2001
The court always leans against a conclusion which will leave parties who clearly intended to contract without a legally binding contract, and that this is the more so where they have acted as though they were bound. The court strains to supply mechanisms which will make agreements work in circumstances where the parties’ own attempts … Continue reading Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery Ad Cross: CA 22 Mar 2001
(Trinidad and Tobago) The claimant was arrested following expiry of the last of his work permits and after he had failed to provide evidence of his intention to leave. As he was arrested he was also arrested for assaulting a police officer. He was not brought to court, and sought habeas corpus. An order was … Continue reading Naidike, Naidike and Naidike v The Attorney General of Trinidad and Tobago: PC 12 Oct 2004
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
There is no fetter on the judicial discretion to refuse leave under Section 1(3)(b) to appeal against an arbitration award. Frustration of a contract is ‘not likely to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains’. Judges: Lord Diplock Citations: [1981] 3 WLR 292, [1982] AC 724 Statutes: Arbitration … Continue reading Pioneer Shipping Ltd v BTP Tioxide Ltd (‘The Nema’): HL 1982
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
A hire clause was in bespoke terms providing for withdrawal ‘in default of payment’. The payment of hire for the final instalment was deficient because, as the umpire held, the charterers’ deductions for the length of the final voyage and bunkers on board at redelivery were unreasonable. There was no dispute that there was a … Continue reading China National Foreign Trade Transportation Corporation v Evlogia Shipping Co SA of Panama (The Mihalios Xilas): HL 1979
A lease of a sheep farm for five years expiring at Whitsunday 1909. provided that at the expiry of the lease ‘the tenant shall leave the sheep stock on the farm to the proprietors or incoming tenant according to the valuation of men mutually chosen, with power to name an oversman.’ The Agricultural Holdings (Scotland) … Continue reading Stewart v Williamson: HL 29 Apr 1910
The House was asked as to the effect of section 1(3) of the 1930 Act on policies including ‘pay or be paid’ clauses. Held: The central question was whether the condition of prior payment was rendered of no effect by section 1(3) of the Act of 1930. It is well established that an indemnity is … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (The ‘Fant’): HL 14 Jun 1990
The Charterers appealed a refusal to allow an appeal from a decision in an arbitration. Held: The 1979 Act changed the situation fundamentally. The test was not just whether the decision was probably wrong, but the wider test allowed an appeal on a point of general public importance, provided only that the decision allowed of … Continue reading CMA CGM S A v Beteiligungs-Kommanditgesellschaft ‘Northern Pioneer’ Schiffahrtgesellschaft Mbh and Co and others: CA 18 Dec 2002
The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for want of jurisdiction, because it had not been ancillary to any proceedings which had even been formulated … Continue reading Fourie v Le Roux and others: HL 24 Jan 2007
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed the company to have no other assets from which to meet the hoped-for damages award … Continue reading Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. Held: The court granted leave to appeal but dismissed the appeal itself. Section 44 gave the court the … Continue reading Cetelem Sa v Roust Holdings Ltd: CA 24 May 2005
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
The claimants appealed from rejection of their claim to compensation under the 1984 Act as tenants of a pier closed by the Authority. The Authority said that it had failed to comply with its leasehold obligations of repair, and was in default under that Act. Held: Default was limited to default under the 1984 Act. … Continue reading Manolete Partners Plc v Hastings Borough Council: CA 7 May 2014
The oil owners had contracted for its transport with OWBM aboard Res Cogitans under standard terms which would allow the captain to use the oil for navigation before transfer of the title in the oil. The court was now asked whether the agreement amounted to a sale governed by 1979 Act allowing for a claim … Continue reading PST Energy 7 Shipping Llc Product Shipping and Trading SA v OW Bunker Malta Ltd and Others: CA 22 Oct 2015
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after the full term of the charter. The arbitrator set off that … Continue reading Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain: ComC 21 May 2014
The court was asked whether the findings of a private arbitration could be relied upon as between other parties in an abuse of process argument. Hamblen J [2013] EWHC 3361 (Comm) Bailii England and Wales Citing: Cited – Rust v Abbey Life Assurance Co ltd CA 1979 Delay in objection indicated assent to contractThe court … Continue reading Arts and Antiques Ltd v Richards and Others: ComC 5 Nov 2013
Judge Wrong to Accept Appeal of Fact The charterers had sought to appeal the arbitrators’ findings on foreseeability and remoteness. The judge had set aside the arbitration award. Though he certified that a point of law existed which was of general public importance, he had refused leave to appeal. Held: The court granted leave. The … Continue reading Geogas SA v Trammo Gas Ltd (The Baleares): CA 26 Nov 1990
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
The principles of contract law are of little use when looking at the course of negotiations in divorce ancillary proceedings. In the case of a dispute the court must use its own discretion to determine whether agreement had been reached. Thorpe LJ said: ‘ordinary contractual principles do not determine the issues in this appeal. This … Continue reading Xydhias v Xydhias: CA 21 Dec 1998
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012
The failure or emphatic refusal by a company to pay the wages under the contract as agreed would normally amount to a fundamental breach and repudiation of the contract, which would allow the employee to act on the basis that he had been constructively dismissed. Nourse LJ, Judge LJ, Tuckey LJ Times 25-Jan-1999, Gazette 17-Feb-1999, … Continue reading Cantor Fitzgerald International v Callaghan and Others: CA 21 Jan 1999
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies. Held: The question remained whether the arbitrator had exceeded its powers, not whether they had been wrongly exercised. An error of law … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: HL 30 Jun 2005
The parties had contracted for the construction of an estate of houses and flats to be followed by the interim purchase by the defendants. The defendants argued that the slump in land prices frustrated the contract and that they should not be called on to purchase the properrties at the price stated because they would … Continue reading Gold Group Properties Ltd v BDW Trading Ltd: TCC 3 Mar 2010
Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed. Held: The owner’s appeal failed. It did not fall within the scope of the 1979 Act, and therefore the … Continue reading PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for them by the employer. The drivers were convicted and the lorries impounded. The … Continue reading O’Leary International Ltd v North Wales Police: Admn 31 May 2012
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The applicant, a Belgian butcher, paid a fine by way of settlement in the face of an order for the closure of his shop until judgment was given in an intended criminal prosecution or until such fine was paid.
Held: Since the payment was made . .
The appellants sought to challenge a finding that they had by their contract with the defendants excluded the right to appeal to a court on a point of law. The defendants replied that the appeal court had no jurisdiction to hear such an appeal.
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
The court was asked whether a binding contract had been concluded between an applicant for an investment in property bonds and the insurance company offering such bonds when, in response to an application form submitted by the applicant, accompanied . .
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The partnership was made up of a 109 acre dairy holding owned by one partner, and the second partner managed the business. The dairy holding itself was kept out of the partnership assets by explicit agreement. D, the former manager claimed, on the partnership being dissolved, that a milk quota had become a partnership asset … Continue reading Davies v H and E Ecroyd Ltd: ChD 1996
There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under section 289 fell within section 16 of the 1981 Act. The Master of the … Continue reading Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995
The buyer paid a sum demanded by the seller who threatened otherwise to withdraw the credit facilities it provided to the buyer. The sum was not in fact due, but the demand had been made honestly. The buyer said the agreement was voidable for duress. Held: Duress was not available when the action threatened was … Continue reading CTN Cash and Carry v Gallaher: CA 15 Feb 1993
Arbitration appeal may be struck out for delay without the need to show evidence of prejudice from that delay. Nevertheless relief against an order striking out an appeal should given where some substantial part of the fault for the delay was the court’s fault. Citations: Times 06-Jul-1994, Independent 10-Aug-1994, Gazette 03-Aug-1994 Statutes: Arbitration Act 1979 … Continue reading Secretary of State for the Environment v Euston Centre Investments Ltd: CA 6 Jul 1994
An action was brought by re-insurers for a declaration that reinsurance policies were void for illegality, and that the plaintiffs were not liable under them. The illegality alleged was that the defendants were not registered or approved to carry on insurance or reinsurance business under the Insurance Companies Acts. The illegality was denied, and the … Continue reading Harbour Assurance Co (UK) Ltd v Kansa General International Insurance Co Ltd: CA 7 Apr 1993
In acting under clause 66 of the ICE conditions, the Engineer was in the intermediate position of a quasi-arbitrator. The House described in terms of ‘fairness’ the duty of an architect when acting not as an arbitrator or quasi-arbitrator but in the role of valuer or certifier. An action for damages for negligence will lie … Continue reading Sutcliffe v Thackrah and Others: HL 1974
Under a FOB contract the sellers sold to the buyers a quantity of Argentine soya beans. The contract incorporated the provisions of GAFTA 64 (General Contract FOB Terms for Grain in Bulk) which included clause 24 default (set out in part at page 480 of the judgment). The contract was part of a string. The … Continue reading Concordia Trading B V v Richco International Ltd: 1991
Power to stay – not derived from arbitration acts: ‘It is, I think, rather unfortunate that the power and duty of the court to stay the action [on the grounds of a foreign jurisdiction clause] was said to be under the Arbitration Act, 1889, s. 4. In truth, that power and duty arose under a … Continue reading Racecourse Betting Control Board v Secretary of State for Air: 1944
A claim for a breach of the landlord’s covenant for quiet enjoyment, through the sound of normal activities from a neighbour being heard, succeeded. Judges: Laddie J Citations: Times 11-Mar-1998, [1998] 3 WLR 49 Statutes: Arbitration Act 1979 1(2) Jurisdiction: England and Wales Cited by: First instance – Southwark London Borough Council v Mills/Tanner; Baxter … Continue reading Southwark London Borough Council v Mills and Others: ChD 11 Mar 1998
Judges: Steyn J Citations: [1990] 1 Ll R 425 Statutes: Arbitration Act 1979 1 Jurisdiction: England and Wales Cited by: Cited – Total Transport Corporation v Arcadia Petroleum Ltd (‘the Eurus’) CA 18-Nov-1997 Arcadia chartered the Eurus, and had succeeded in their application for an award in arbitration proceedings against Total. The award had been … Continue reading Novorossisk Shipping Co v Neopetro Co Ltd: ChD 1990
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The plaintiff sought injunctive relief from an English court. The defendant requested a stay. Held: … Continue reading Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others: HL 17 Feb 1993
(The Santa Clara) The seller was to deliver propane by a ship set to leave on a certain date. The market was falling. The buyer, when it was clear that the ship would be unable to leave on the day fixed, sent a telex to say that the contract was repudiated. The seller did nothing, … Continue reading Vitol Sa v Norelf Ltd: HL 10 Jul 1996
Where an arbitrator made a mathematical error in his decision, that error was one of fact or law, and it was not possible for the high court to remit the case to the arbitrator for re-consideration. The old section’s ambit is too narrow to permit this. ComC Award – attacked for error in arithmetic in … Continue reading Danae Air Transport Sa v Air Canada: ComC 8 Feb 1999
The Court rejected a sub-contractor’s argument that a dispute between the main contractor and the employer within the meaning of clause 18(2) can only arise when clause 66 is invoked. The word ‘dispute’ in clause 18(2) must be given its ordinary meaning which prima facie comprehends the case where a claim has been put forward … Continue reading M J Gleeson Group Plc v Wyatt of Snetterton Limited: CA 1994
The Chrysalis was trapped in the Shatt-al-Arab waterway in the course of the Iran-Iraq war, and the parties disputed the frustration of the charter contract. Held: Mustill J set out stages for considering an appeal from an arbitration award by differentiating between points of law and of fact: ‘Starting therefore with the proposition that the … Continue reading Finelvet AG v Vinava Shipping Co Ltd (“The Chrysalis”): 1983
By section 3(1) of the 1979 Act, the High Court was precluded from granting permission to appeal on a point of law from an award ‘if the parties to the reference in question have entered into an agreement in writing (in this section referred to as an ‘exclusion agreement’) which excludes the right of appeal.’ … Continue reading Arab African v Olieprodukten: 1983
Appeals from arbitrators must be prosecuted speedily or will risk being struck out. The tests will be applied stringently. Citations: Gazette 08-Jun-1994, Gazette 20-Apr-1994, Times 05-Jan-1994 Statutes: Arbitration Act 1979 1(3)(b) Jurisdiction: England and Wales Citing: Appealed to – Secretary of State for the Environment v Euston Centre Investments Ltd CA 6-Jul-1994 Arbitration appeal may … Continue reading Secretary of State for the Environment v Euston Centre Investments Ltd: ChD 5 Jan 1994
Agreement for arbitration before the 1979 Arbitration Act can dispense with need for leave to appeal against arbitration to the High Court – Whether there is a due diligence obligation on owners in respect of defects arising on delivery, construction at clause 3(i), off-hire clause: meaning of ‘from a position not less favourable to charterers’ … Continue reading Poseidon Schiffahrt Gmbh v Nomadic Navigation Co Ltd: Admn 1 Aug 1997
Section 18(1)(f) which provides that no appeal shall lie to the Court of Appeal without the leave of the lower court ‘relating only to costs which by law are left to the discretion’ of the lower court, has no application if the appeal court is able to say that the judge in the lower court … Continue reading Scherer v Counting Instruments Ltd (Note): 1986
The Judicature Act, 1873, s. 25, sub-S. 8, has given no power to the High Court to issue an injunction in a case in which no Court before that Act had power to give any remedy whatever. Therefore the High Court has no jurisdiction to issue an injunction to restrain a party from proceeding with … Continue reading North London Railway Co v The Great Northern Railway Co: CA 9 Jun 1883
A dispute under a charterparty was referred to arbitration. Held: The charterers were refused leave to appeal to the court under section 1(3)(b) of the Arbitration Act 1979. They were also refused leave to appeal to the court under section 1(6A) of the same Act. It was submitted that the ouster of the jurisdiction of … Continue reading Aden Refinery Co Ltd v Ugland Management Co Ltd: CA 1986
A ship belonging to the appellants had been blacked by the defendant union. Negotiations to clear the threat resulted in payment by the appellants to a welfare fund of the defendant. The company sought its refund saying that it had been paid under duress. The Court of Appeal had found it to be a payment … Continue reading Universe Tankships Inc of Monrovia v International Transport Workers Federation: HL 1 Apr 1981
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them. Held: Though he deprecated extending the use of the expression ‘purposive construction’ from the interpretation of statutes to the interpretation of private contracts, Lord … Continue reading Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’): HL 1984
Charterers had appealed an arbitration award. The judge set it aside. The CA gave leave and allowed the appeal saying that as a question of mixed fact and law sought leave to appeal against an arbitration award.
Held: The House had no . .
References: [1998] 1 Lloyd’s Rep 416, Times 13-Dec-1997 Coram: Clarke J At common law the buyer’s remedy for failure to perform a contract of sale of goods is to claim damages for non-delivery. Where, as here, there was an available market, the measure of damages is prima facie to be ascertained by the difference between … Continue reading Bem Dis A Turk Ticaret S/A Tr v International Agri Co Ltd; ‘SELDA’: ComC 31 Oct 1997
References: [1983] 1 WLR 1469, [1983] 1 Lloyds Rep 503 Coram: Mustill J The Chrysalis was trapped in the Shatt-al-Arab waterway in the course of the Iran-Iraq war, and the parties disputed the frustration of the charter contract. Held: Mustill J set out stages for considering an appeal from an arbitration award by differentiating between … Continue reading Finelvet AG v Vinava Shipping Co Ltd (The Chrysalis”): 1983″
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
