Search Results for: Arbitration Act 1996 6

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The Republic of Uganda v Rift Valley Railways (Uganda) Ltd: ComC 26 Feb 2021

The Claimant sought under s. 67 Arbitration Act 1996 the setting aside of a decision of the arbitral panel in a London-seated arbitration, together with declarations as to the lack of standing of what it described as the former management of the Defendant company to manage and control that company. Judges: Mr Justice Butcher Citations: … Continue reading The Republic of Uganda v Rift Valley Railways (Uganda) Ltd: ComC 26 Feb 2021

West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995

An agreement giving to a ‘sole judge’ the power to make a final decision was effective, and there was no appeal from his decision. The defendant’s decision in his capacity as Convention administrator was as a final arbiter and was unreviewable. Held: The appeal was allowed. The agreement was unusual, but the decisions was final … Continue reading West of England Ship Owners Mutual Insurance Association (Luxembourg) v Cristal Ltd (The Glacier Bay): CA 26 Oct 1995

AXA RE v Ace Global Markets Ltd: ComC 20 Jan 2006

Application for a declaration that an insurance contract did not include an effective insurance contract. Judges: The Honourable Mrs Justice Gloster Citations: [2006] EWHC 216 (Comm), [2006] ArbLR 7 Links: Bailii Statutes: Arbitration Act 1996 7291)(a) Jurisdiction: England and Wales Arbitration Updated: 25 November 2022; Ref: scu.245702

HBC Hamburg Bulk Carriers Gmbh and Co KG v Tangshan Haixing Shipping Co Ltd: ComC 15 Dec 2006

The dispute between the parties centred on the entitlement of the Charterers, the Applicants, to cancel a charterparty Judges: The Hon Mr Justice Morison Citations: [2006] EWHC 3250 (Comm), [2007] 2 Lloyd’s Rep 223 Links: Bailii Statutes: Arbitration Act 1996 68(2)(a) 69 Jurisdiction: England and Wales Transport Updated: 20 November 2022; Ref: scu.376027

PC Harrington Contractors Ltd v Systech International Ltd: CA 23 Oct 2012

The court considered the recoverability of the fees an arbitrator appointed under the 1996 Act, were the award had been determined unenforceable for a breach of the rules of natural justice. Held: The appeal against an order for payment of he fees succeeded. The arbitrator had not fulfilled the contract for which he had been … Continue reading PC Harrington Contractors Ltd v Systech International Ltd: CA 23 Oct 2012

Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited: CA 21 Nov 1996

An impecunious plaintiff who resisted an application to stay proceedings in order to allow an arbitration can be required to show the cause of his inability to fund the action. Judges: Master of the Rolls, Aldous and Brooke LJJ Citations: Gazette 05-Feb-1997, Times 09-Dec-1996, [1996] EWCA Civ 1023, [1997] QB 674 Links: Bailii Statutes: Arbitration … Continue reading Trustee of Property of Andrews v Brock Buildings (Kessingland) Limited: CA 21 Nov 1996

Regina v District Auditor, Gateshead ex parte Judge P: CA 8 Nov 1996

The objector sought leave to appeal. He had objected to spending on a war memorial. The district auditor when declining to intervene had given his reasons. The claimant objected that he should have waited before giving those reasons. Held: Either the reasons were validly delivered in which case the objection failed, or they were not … Continue reading Regina v District Auditor, Gateshead ex parte Judge P: CA 8 Nov 1996

Lowsley and Another v Forbes: CA 21 Mar 1996

The statutory time limit under the Limitation Act applied only to the right to take substantive proceedings and had nothing whatever to do with the procedural machinery for enforcing a judgment when one was obtained. The Act of 1875 brought about a fundamental change. The old absolute time bar on execution after 20 years, subsequently … Continue reading Lowsley and Another v Forbes: CA 21 Mar 1996

Desert Sun Loan Corporation v Hill: CA 21 Feb 1996

A defence of Issue Estoppel was not available where the issue which was claimed to have been decided had been made under an unclear foreign procedure. It was also essential that the issue in respect of which an estoppel was now asserted had been a finding necessary to the judgment to be relied upon: ‘The … Continue reading Desert Sun Loan Corporation v Hill: CA 21 Feb 1996

Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012

The claimant ship owners challenged an award on two grounds. First, with permission, the owners appealed under section 69 of the Arbitration Act 1996 on the following question of law: ‘Whether, as a matter of law, owners were entitled to refuse early re-delivery of the Aquafaith (the vessel) at Jintang on 9 August 2011 and … Continue reading Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012

Watson v Hemingway Design Ltd and Others: EAT 16 Dec 2019

Practice and Procedure – Postponement or Stay – Transfer/Hearing Together An employment judge had erred in law in deciding that he lacked jurisdiction to determine a claim under the Third Parties (Rights Against Insurers) Act 2010 (the 2010 Act) arising between the claimant and the insurer of the insolvent first respondent. The employment tribunal was … Continue reading Watson v Hemingway Design Ltd and Others: EAT 16 Dec 2019

Soleymani v Nifty Gateway Llc: CA 6 Oct 2022

Judges: Lord Justice Popplewell Lord Justice Birss And Lord Justice Snowden Citations: [2022] EWCA Civ 1297 Links: Bailii Statutes: Arbitration Act 1996, Consumer Rights Act 2015, Civil Jurisdiction and Judgments Act 1982 Jurisdiction: England and Wales Arbitration, Consumer, Jurisdiction Updated: 07 October 2022; Ref: scu.681445

Sprunt Ltd v London Borough of Camden: TCC 6 Dec 2011

The court heard applications in adjudication enforcement proceedings between consultants and their employer, issues being raised about the extent to which the construction contract between the parties was in writing for the purposes of Section 107 of the Housing Grants, Construction and Regeneration Act 1996 (‘HGCRA’) and in relation to the extent and scope of … Continue reading Sprunt Ltd v London Borough of Camden: TCC 6 Dec 2011

Sheffield United Football Club Ltd v West Ham United Football Club Plc: ComC 26 Nov 2008

The claimant sought an order to prevent the defendant company from pursuing further an appeal against a decision made by an independent arbitator in their favour as regards the conduct of the defendant in the Premier League in 2006/2007. Held: The defendant had agreed to a binding arbitration. The claimant was enttled to the injunctive … Continue reading Sheffield United Football Club Ltd v West Ham United Football Club Plc: ComC 26 Nov 2008

Minister of Finance (Incorporated) v 1Malaysia Development Berhad and Others: CA 26 Nov 2019

The court considered an issue as to the primacy of the powers of the court contained in sections 67 and 68 (‘sections 67 and 68’) of the Arbitration Act 1996. Judges: Sir Geoffrey Vos, Chancellor of the High Cour Citations: [2019] EWCA Civ 2080 Links: Bailii Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Arbitration … Continue reading Minister of Finance (Incorporated) v 1Malaysia Development Berhad and Others: CA 26 Nov 2019

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003

The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim … Continue reading AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003

AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant Jsc: ComC 16 Apr 2010

The parties contracte for works relating to a power plant. The applicable law was Khazak, but the agreement provided that any dispute between the parties was to be settled by arbitration in London. The claimant now sought an anti-suit injunction to prevent the respondent, effectively the Khazak government from pursuing a dispute in the Khazak … Continue reading AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant Jsc: ComC 16 Apr 2010

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Kanoria and others v Guinness: CA 21 Feb 2006

Lord Phillips CJ expressed his own doubts about whether section 103(2) gives the court a broad discretion to allow enforcement of an award where one of the grounds set out in that subsection has been established. Citations: [2006] EWCA Civ 222, [2006] 1 Lloyd’s Rep 701 Links: Bailii Statutes: Arbitration Act 1996 101(2) Jurisdiction: England … Continue reading Kanoria and others v Guinness: CA 21 Feb 2006

Lavender Shipmanagement Inc v Ibrahima Sory Affretement Trading SA and Others: ComC 16 Dec 2020

Issues concerning sections 67 and 69 of the Arbitration Act 1996. It first concerns the application of the Claimant (the ‘Owners’) pursuant to section 67 of the Arbitration Act 1996 (‘1996 Act’) for an order setting aside a London arbitral tribunal’s final award on jurisdiction dated 2 March 2020, by which it held that it … Continue reading Lavender Shipmanagement Inc v Ibrahima Sory Affretement Trading SA and Others: ComC 16 Dec 2020

The Mahkutai: PC 24 Apr 1996

(Hong Kong) The question was whether shipowners, who were not parties to the bill of lading contract between the charterers and carriers on the one part, and the cargo-owners, the bill of lading being a charterer’s bill, could enforce against the cargo-owners an exclusive jurisdiction clause contained in that contract. Held: Ship owners may not … Continue reading The Mahkutai: PC 24 Apr 1996

Fiona Trust and Holding Corp and others v Privalov and others: ComC 20 Oct 2006

The parties disputed whether their claim should be arbitrated. Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The arbitrator does not have jurisdiction to decide this issue; the court alone does. Nor … Continue reading Fiona Trust and Holding Corp and others v Privalov and others: ComC 20 Oct 2006

ASM Shipping Ltd of India v TTMI Ltd of England: CA 16 Oct 2006

The court at first instance had dismissed the ship-owner’s application to set aside the arbitration award, and then refused leave to appeal. The court of appeal had to consider whether it had jurisdiction itself to hear an application for leave. Held: A decision that a right has been waived under section 73 is a decision … Continue reading ASM Shipping Ltd of India v TTMI Ltd of England: CA 16 Oct 2006

ABB Ag v Hochtief Airport Gmbh and Another: ComC 8 Mar 2006

The court considered the authorities on when an applications to set aside an arbitration award might succeed under section 68. Held: Any such application faced a high hurdle. It can constitute a serious irregularity that a tribunal determines an issue which is not ‘in play’ between the parties. Judges: Tomlinson J Citations: [2006] EWHC 388 … Continue reading ABB Ag v Hochtief Airport Gmbh and Another: ComC 8 Mar 2006

Weissfisch v Julius, Weisfisch, Davis: CA 8 Mar 2006

An arbitration was to be governed by Swiss law with its seat in Geneva. One the party sought here an injunction restraining the arbitrator from acting as arbitrator on the grounds that the agreement had been induced by misrepresentation and was void or voidable. Held: An English court should not grant the injunction sought. The … Continue reading Weissfisch v Julius, Weisfisch, Davis: CA 8 Mar 2006

Shephard and others v Turner and Another: CA 23 Jan 2006

The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. It was in effect part of a building scheme. The tribunal had found … Continue reading Shephard and others v Turner and Another: CA 23 Jan 2006

Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005

The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005

Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration. Held: The appeal failed. There was nothing in … Continue reading Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006

The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006

JSC Zestafoni G Nikoladze Ferroalloy Plant v Ronly Holdings Ltd: ComC 16 Feb 2004

Judges: Mr Justice Colman Citations: [2004] EWHC 245 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 Jurisdiction: England and Wales Cited by: See also – Ronly Holdings Ltd. v Jsc Zestafoni G Nikoladze Ferroalloy Plant ComC 22-Jun-2004 . . Lists of cited by and citing cases may be incomplete. Arbitration Updated: 09 June 2022; Ref: … Continue reading JSC Zestafoni G Nikoladze Ferroalloy Plant v Ronly Holdings Ltd: ComC 16 Feb 2004

Checkpoint Ltd v Strathclyde Pension Fund: CA 6 Feb 2003

The tenants sought to challenge the arbitrator’s award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity under section 68(2). Held: The system of arbitration expected an arbitrator to rely to some extent … Continue reading Checkpoint Ltd v Strathclyde Pension Fund: CA 6 Feb 2003

R Durtnell and Sons Ltd v Secretary of State for Trade and Industry: TCC 26 May 2000

The case raises the fundamental issue, which has not been addressed in previous cases, of the circumstances in which under s18 of the 1996 Act the Court should intervene. Judges: His Honour Judge John Toulmin Cmg QC Citations: [2000] EWHC 464 (TCC), [2000] BLR 321, [2001] 1 All ER (Comm) 41, [2001] 1 Lloyd’s Rep … Continue reading R Durtnell and Sons Ltd v Secretary of State for Trade and Industry: TCC 26 May 2000

International Bulk Shipping and Services Ltd v The Mineral and Metals Trading Company of India; International Bulk Shipping and Services Ltd v The President of India; Himoff Maritime Enterprises Ltd v The President of India: ComC 16 Feb 1994

cw Arbitration – award – limitation period – cause of action arising – implied promise to perform award – breach – RSC Order 15 r.6 – misjoinder and non-joinder of party – principles – RSC Order 15 r.6 – joinder of party – proceedings a nullity – no power Judges: Waller J Citations: 16 February … Continue reading International Bulk Shipping and Services Ltd v The Mineral and Metals Trading Company of India; International Bulk Shipping and Services Ltd v The President of India; Himoff Maritime Enterprises Ltd v The President of India: ComC 16 Feb 1994

Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago: CA 1976

The parties entered into a charterparty by demise of a bulk carrier. It was in a state of disrepair. The owners required the charterers to repair it before redelivery, and claimed hire losses until it was returned repaired. The extensive repairs required would have cost far more than the repaired value of the vessel. Mocatta … Continue reading Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago: CA 1976

LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: CA 6 Jun 2001

The arbitrator’s award was to the effect that two parties were not party to the contracts containing the arbitration agreements, and that they were therefore not liable to the applicants. The applicants contended that the award was a finding as to jurisdiction which was susceptible to challenge, and the respondents asserted that it was a … Continue reading LG Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another: CA 6 Jun 2001

Philip Alexander Securities and Futures Ltd v Bamberger and Others: CA 22 Jul 1996

Citations: Times 22-Jul-1996, [1997] Eu LR 63, [1996] CLC 1757 Statutes: Consumer Arbitration Agreements Act 1988 Jurisdiction: England and Wales Citing: Appeal from (Affirmed) – Philip Alexander Securities and Futures Ltd v Bamberger and Others ComC 8-May-1996 ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 … Continue reading Philip Alexander Securities and Futures Ltd v Bamberger and Others: CA 22 Jul 1996

Philip Alexander Securities and Futures Ltd v Bamberger and Others: ComC 8 May 1996

ComC Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – sections 2(b), 4 : European Union – Consumer contracts – arbitration provision – Consumer Arbitration Agreements Act 1988 – exceptions – section 2(a) – distinction between domestic and non-domestic consumers – discrimination – Article 6 EC – freedom to provide … Continue reading Philip Alexander Securities and Futures Ltd v Bamberger and Others: ComC 8 May 1996

Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005

Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986

Wide Application of Costs Against Third Party A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now appealed. Held: The appeals were allowed. The court’s … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986

West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd: CA 1996

A contract had been set up to provide compensation for oil pollution losses. It was between oil companies who contributed to the fund and its administrators, Cristalwho was to ‘be the sole judge in accordance with these terms of the validity of any claim made hereunder’. The claimant association made a claim which Cristal rejected. … Continue reading West of England Shipowners Mutual Insurance Association (Luxembourg) v Cristal Ltd: CA 1996

Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996

When an unsuccessful party has had its legal costs funded under legal expenses insurance, should the insurer be held liable to pay the successful party’s costs? The insurer had not instigated the litigation, nor controlled it, and could not be accused of ‘wanton and officious intermeddling’. The insurance was general and did not relate to … Continue reading Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996

Nordstrom-Janzon v The Netherlands: ECHR 1996

The parties had settled an earlier dispute under a joint venture agreement on terms which included a provision that disputes between them should not be settled by the ordinary courts but by a special arbitration procedure. The arbitrators rejected all the claims advanced by the applicants. The applicants challenged the award in the Dutch courts … Continue reading Nordstrom-Janzon v The Netherlands: ECHR 1996

John Barker Construction Ltd v London Portman Hotel Ltd: 1996

An architect who had to decide whether to grant an extension of time under clause 25 of the JCT conditions would not have acted fairly and lawfully and his decision would be fundamentally flawed if he had not carried out a logical analysis in a methodical way of the impact of the relevant events on … Continue reading John Barker Construction Ltd v London Portman Hotel Ltd: 1996

Reliance Industries Ltd and Another v The Union of India: ComC 16 Apr 2018

T The Claimants made nine challenges to parts of an arbitration award made variously under the provisions of sections 67, 68 and 69 of the 1996 Act. Judges: Popplewell J Citations: [2018] EWHC 822 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 68 69 Jurisdiction: England and Wales Arbitration Updated: 13 April 2022; Ref: scu.609096

Halki Shipping Corporation v Sopex Oils Ltd, The Halki: QBD 16 Jul 1997

The rule that an arbitrator decided all matters arising from a contract was not changed by the change in wording in the new Act. Provisions in new Arbitration Act severely limit choice of alternative forum where arbitration clause in place. Citations: Gazette 16-Jul-1997, Times 13-Oct-1997, [1998] 1 Lloyd’s Rep 465 Statutes: Arbitration Act 1996 9(4) … Continue reading Halki Shipping Corporation v Sopex Oils Ltd, The Halki: QBD 16 Jul 1997

Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd and Another: ComC 16 May 2013

The ‘Barito’) Application for permission to serve an arbitration claim form out of the jurisdiction on the First and Second Defendants and for an interim ‘anti-arbitration’ injunction to restrain the Second Defendant from pursuing arbitration proceedings in Singapore. Popplewell J also carefully explored the burden and standard of proof, and the correct weight to be … Continue reading Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd and Another: ComC 16 May 2013

Lifestyle Equities Cv and Another v Hornby Street (MCR) Ltd and Others: CA 26 Jan 2022

Appeal against a decision staying the Appellants’ claim against the Respondents for trade mark infringement and passing off pursuant to the power contained in Section 9 of the Arbitration Act 1996. The appeal raises a number of issues of conflict of laws in relation to arbitration agreements and the assignment of trade marks. Judges: Lord … Continue reading Lifestyle Equities Cv and Another v Hornby Street (MCR) Ltd and Others: CA 26 Jan 2022

A v A (Arbitration: Guidance): FD 9 Jul 2021

Enforcement of registration of result of family law arbitration. Judges: Mr Justice Mostyn Citations: [2021] EWHC 1889 (Fam), [2021] WLR(D) 388, [2021] 1 WLR 5393 Links: Bailii, WLRD Statutes: Matrimonial Causes Act 1973 25, Arbitration Act 1996 68 69 Jurisdiction: England and Wales Family Updated: 30 January 2022; Ref: scu.665991

Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd and Another: ComC 7 Dec 2016

Appeal from an arbitration award concerning the true construction of clause 8(d) of the Inter-Club Agreement 1996 (‘the ICA’). Specifically, the issue is whether the term ‘act’ in the phrase ‘act or neglect’ means a culpable act in the sense of fault or whether it means any act, whether culpable or not. [2016] EWHC 3132 … Continue reading Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd and Another: ComC 7 Dec 2016

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Imperator I Maritime Company v Bunge Sa: ComC 24 Jun 2016

The question of law which arises on these arbitration appeals is as follows: ‘Where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for … Continue reading Imperator I Maritime Company v Bunge Sa: ComC 24 Jun 2016

Singh v The Charity Commission and Others: ChD 22 Dec 2016

The court considered the circumstances under which a withdrawal of a case might be challenged: ‘(1) the rules do not prescribe any particular test for permitting discontinuance or, for that matter, for setting aside a notice of discontinuance; (2) a claimant’s desire to bring proceedings to an end where there is no counterclaim should be … Continue reading Singh v The Charity Commission and Others: ChD 22 Dec 2016

NYK Bulkship (Atlantic) Nv v Cargill International Sa: SC 11 May 2016

The ship ‘Global Santosh’ had been arrested as a side issue in a dispute as to its cargo between its anticipated receiver and a sub-sub charterer. Held: (Lord Clarke dissenting) The appeal succeeded. Any responsibility of Cargill under the time charter for IBG’s acts or omissions in the conduct of cargo handling operations at the … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: SC 11 May 2016

Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015

Central Trading and Exports Ltd v Fioralba Shipping Company: ComC 16 Jul 2014

The court was asked: ‘On a challenge to an arbitration award under section 67 of the Arbitration Act 1996, in what circumstances can the court prevent a party from relying on evidence which is relevant and admissible, but was not adduced before the arbitrators? Does it matter that the party who now seeks to rely … Continue reading Central Trading and Exports Ltd v Fioralba Shipping Company: ComC 16 Jul 2014

British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the railway company obtained benefits over and above their contractual entitlement. The arbitrator stated a special case as to whether the plaintiffs … Continue reading British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

Econet Satellite Services Ltd v Vee Networks Ltd: ComC 13 Jul 2006

Field J [2006] EWHC 1664 (Comm), [2006] ArbLR 20 Bailii Arbitration Act 1996 67 68 69 England and Wales Citing: See Also – Vee Networks Limited v Econet Wireless International Limited QBD 14-Dec-2004 The court considered a complaint that the arbitration award was faulty or lack of jurisdiction under the agreement founding it. . . … Continue reading Econet Satellite Services Ltd v Vee Networks Ltd: ComC 13 Jul 2006

Hosking v Marathon Asset Management Llp: ChD 5 Oct 2016

Loss of agent’s share for breach within LLP The court was asked whether the principle that a fiduciary (in particular, an agent) who acts in breach of his fiduciary duties can lose his right to remuneration, is capable of applying to profit share of a partner in a partnership or a member of a limited … Continue reading Hosking v Marathon Asset Management Llp: ChD 5 Oct 2016

Kaneria v The English and Wales Cricket Board Ltd: ComC 6 May 2014

kaneira)ecbComc0514 The claimant, a professional cricketer disciplined for alleged match fixing, sought to challenge the results of an arbitration of his dispute with the respondent. He alleged a serious irregularity in that the Arbitral Panel had exceeded its powers in the punishments imposed. Held: The application for leave was refused. Though he was bound by … Continue reading Kaneria v The English and Wales Cricket Board Ltd: ComC 6 May 2014

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

NML Capital Ltd v Argentina: SC 6 Jul 2011

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

Clyde and Co Llp v Van Winkelhof: EAT 26 Apr 2012

EAT JURISDICTIONAL POINTS Worker, employee or neither Working outside the jurisdiction Whether LLP equity member was a limb (b) worker under section 230(3). Allowing Claimant’s appeal, she was. Applying Lawson v Serco, Duncombe (No. 2) and Ravat, on any view Employment Tribunal entitled to conclude that it had jurisdiction territorially to entertain both whistleblowing claim … Continue reading Clyde and Co Llp v Van Winkelhof: EAT 26 Apr 2012

PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016

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

Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012

The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy and claimed also in sex discrimination. The company appealed findings as to jurisdiction saying that she … Continue reading Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

The claimants had been engaged to provide an asbestos survey. An arbitration claim had gone against them and they appealed. Akenhead J [2013] EWHC 1322 (TCC), [2013] WLR(D) 211 Bailii, WLRD Housing Grants, Construction and Regeneration Act 1996 108(5), Scheme for Construction Contracts (England and Wales) Regulations 1998 Cited by: Appeal from – Aspect Contracts … Continue reading Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc: TCC 23 May 2013

Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986

References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986

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