Table Of Content

Sn SC Wi A oho ih aA ns Rell Index Abandonment, 7 Bill of lading finds, law of, 8 attornment, 353 Actions consignment note, whether, 409-412 stay of. See Stay of action discharge without presentation, 40, 407-409 third party, to, 350 Administration, 487 et seq. fraudulent, 413 Cork Committee recommendations, 496 Bribery introduction, 496 liability to account for, 190 order for, principle of, 191 court’s jurisdiction to make, 500 proprietary claims against bribee, 189 obtainment of, 497 petition for, Cargo administrative receiver and, 502-504 damage to, perils of the sea, 412 effect, 501 liability for damage or loss, directors, powers and status of, 505 exclusion clauses, 407—409 fixed charge holders, rights of, 509 loss after discharge, 407-409 floating charge holders, rights of, 518 non-delivery of, 16 Carriage of goods unsecured creditors, rights of, 520 form of, 498 air, by, Warsaw Convention presentation, 497 interpretation, 184 termination, 518 limit of liability under, 184 time frame of, 517 contracts, unfairly prejudicial remedy, 522 defective performance of. See Defective Arbitration awards performance cargo, f.o.b., 119, 121 damage, 263-266 delivery, 124 holds inspection charges, 270 risk, 125 lumpsum freight, 278 f.o.b.s., 119 f.o.b.s.t., 119 release without original bill of lading, 275 shortage, 263, 266-267 f.o.b.t, 119 charterparty dispute, 275 general average. See General average Hamburg Rules, China, in, 263 Australia, enforcement in, 414 illegal, null and void and of no effect, whether, property, passing of, 127, 450 417 specific goods, 128 jurisdiction, 277 unascertained goods, 128-130 costs action, 267 sea, by, laytime Brandt v. Liverpool contract, 283, 284, commencement, 270-272, 273-274 285-286 counting, 272 contaminated cargo, deduction from, due to holiday, 278 whether carrier liable, 178 loading time lost, 269-270 fraudulent bill of lading, 413 vessel, perils of sea, damage to cargo, 412 damage to, 268 stowing and trimming, 119 detention of, 269 Carriage of Goods by Sea Act 1992 withdrawal of, 267-268 conflict of laws, 280 Arbitration practice mandatory forum statute, whether, 280 striking out arbitration proceedings for want of Charterparty prosecution, 198 last voyage, whether vessel ordered, 154 593 594 LLOYD’S MARITIME AND COMMERCIAL LAW QUARTERLY Charterparty—cont. Damages—cont. time, equitable compensation, 334 off-hire, whether vessel, 40 fraudulent misrepresentation, for, 329 Classification societies interest, assessment of addition of, 4 classification certificates, 367 Debts functions of, 364 constructive notice, 36 liability of, 363-376 setting aside, 34 contract, in, 374 wife acting as surety for, 34 disparity between fees and damages, 367-369 Defective performance Hague Rules, regime under, 373 policy issues and proposals for reform, 554 tort, in, 374-376 rejection by buyer, without, 545 reliance on, by shipowners, 370 affirmation, 546 Conflict of laws loss of, 534-538 Bills of Lading Act 1855, 280 no action, 546 Carriage of Goods by Sea Act 1992, promissory condition, 530-531 implications for, 280 withholding performance, 528-529 lex fori, 248, 253, 464 et seq. right to cure, 525 et seq. Caparo v. Dickman, 252 contract period, beyond, 538 motor accident, Australia, 248 relief against forfeiture, 539-540 lex fori delicti, 464 et seq. waiver, 538-539 Contract nature, 528 acceptance by silence, question of, 336 refusal to perform, 528 consideration, doctrine of, 337 defence of, 530 currency of damages in, 311 defective performance. See Defective degree of failure, 532 performance remedy of termination, relationship with, duty of care in, 528 volenti non fit injuria, 26 repudiatory conduct of seller, 546 exclusion clauses, 407-409, 415 anticipatory breach, 547 good faith in, 19 impossibility by seller’s own act, 550 illegal, 167 renunciation by seller, 547 enforcement of, 163 fundamental breach, 552 letters of credit, right to damages for consequential loss, 540 question of applicable law under Rome United States, in, 556-559 Convention, 560-571 Discrimination between buyer and issuing bank, 570 covert, whether based on nationality, 456, 457 between confirming bank and beneficiary, 566 European law between issuing bank and beneficiary, 567 security for costs and, 454 between issuing bank and confirming bank, 563 Fraud liability of classification societies in, 344 misdirected funds, misrepresentation, liability through carelessness, 171 contributory negligence and, 326 Misrepresentation Act 1967, privity of, 23 measure of damages, under, 326 promissory estoppel, 339 reservation of title clause, 19 General average undue influence, temporary repairs, costs of, remedies for, 330 owners entitled to claim contribution from Court practice and procedure cargo-owners for, 342 costs York-Antwerp Rules 1974, provisions in, 342 inclusion in claim, whether, 418 security for, and European law, 454 IVA. See under Insolvency court of seisure, deciding, Indemnity writ, issue or service, 470 entitlement to, 16 jurisdiction Insolvency writ served out of, 418 Act, administration. See Administration Damages administrative receivership, 491 currency of, 311 creditors, arrangements with, 494 defective performance of contract, disadvantages of, 495 consequential loss through, 540 floating charge, 491 INDEX Insolvency—cont. Marine insurance—cont. individual voluntary arrangement (IVA), common law of—cont. approval of, 218 stamp duty, 95-101 challenge of, 222 contract contingent claims, 227 ratification, law of, 115-116 effect of interim order, 217 New Zealand, in, introduction to, 210 Contracts and Commercial Law Reform landlords and, 224 Committee study, 256 value of security, fluctuations in, 226 Insurance Law Reform Act, section 11, 259 voting rights of partly secured creditors, 212 role of brokers, 257 negotiated settlement, 489 slips, Insurance contract binding effect of, 103 avoidance of, contracts, whether, 101 non-disclosure, 473 et seq. disclosure, duty of, 115 non-disclosure evidence of terms, as, 107 inducement of insurer, 475 parol evidence rule, 109 influence on insurer, 474 rectification, 107 materiality, test for, 473 et seq. Marine pollution burden of disclosure, 476 environmental impairment liability, inflexibility of test, 477-478 undisclosed principal hazardous substances, 241 ability to intervene, 174 introduction to, 230 personality of contracting party, 177 oil pollution, 233 exclusion of liability to sue, 176 trends in, 230 Insurance Ombudsman Bureau Maritime Liens and Mortgages Convention 1993, judicial review and, 358 12 implementation in UK, 15 Judicial review Motor insurance Insurance Ombudsman Bureau and, 358 contribution, 180 Jurisdiction legal basis of, 181 Brussels Convention statutory liability to third parties, 180 Articles 17 and 21, interrelationship of, 160 Product safety choice of court clause, 158, 470 EC Directive on, 479, 482 application of, 161 United Kingdom, 1994 regulation, collateral enforcement of, 161 General Product Safety Regulations, court of seisure, under, 470 479 et seq. security for costs, under, new offences, 480 scope of, 462 “producers” and “‘distributors’’, 480 seisure of goods, by plaintiif, under, 455 obligations of, 484 non-EC litigants, 461 products covered, 481 court of seisure, “safe product’, definition of, 483 writ, issue or service, 470 scope of, 479-480 forum non conveniens, 30 Property security of costs, order for outside, 454, 459 legal title, whether transferred by bill of sale service out of, 1 without subsequent ship registration, United States, in, 419-420 choice of law, 356 ownership equitable rights to, 166 Letters of credit illegal contract of, 164 Rome Convention and, 560-571 passing of, 450 Liability title, tracing of, 450 classification societies, of. See under transfer, ascertainability in, 450 classification societies collision, damages for, Reinsurance duty of care, proximity of relationship, 416 “ex gratia’ payments, definition, 51n exclusion of, 16 loss settlement clauses, limitation of, 418-419 burden of proof examined, 83-87 loss and emotional distress, for, 415 common defences against, American cases, 72 Marine insurance dishonesty, 78 common law of, English cases, 74 slips, 95-101 investigation of loss, lack of care, 81 596 LLOYD’S MARITIME AND COMMERCIAL LAW QUARTERLY Reinsurance—cont. Security—cont. loss settlement clauses—cont. IVA. See under Insolvency common defences against—cont. Settlements scope of, 68-78 “good faith’’, 49 . coextensive reinsurances, 71 Ship registration non-coextensive reinsurances, 70 Merchant Shipping (Registration, etc.) Act drafting of, 90 1993, 146 duty of indemnity, 59-52 procedure of, under, 148 “error and omissions’”’, 53 mortgages and, 13 example of, 93 Ships ‘follow the fortunes’’, 53 safe operation of, 15 ‘follow the settlements”’, 62 State control function of, 50-52 flag v. port, 202 legal basis of operation, 65-68 Stay of action, 30 variety of, 48n loss settlement rule, Third parties development of, 52-56 restitutionary action against, 305 UK, in, 59 Tort Chippendale v. Holt, 59 liability of classification societies in, 374 SCOR case, 62, 75 Treaty of Rome US, in, 56-59 covert discrimination under, 457 origins of, 52-56 non-EC litigants, 461 uniform rule, as, 64 scope of, for, 460 whether binding, 64, 91 Rescission Uniform Customs and Practice for Documentary alternatives to, 333 Credits Restitution background, 377-381 defences to, historical overview, 377-381 bona fide purchase, 421-428 Revision, 1993, 377-405 change of position, 421-428 assessment of, 402 third parties and, 305 assignment of credits, 401-402 claims against, 305 comparison with 1983 Revision, 403-406 Rome Convention definitions, 382-384 letters of credit and, 560-571 documents, definitions of, 394 Safety at sea designation of intended issuers, 394 controlling authority, 202 provisions for, 393-399 flag state, 202 requirements, 394-395 port state, 204 form of credits, revocable or irrevocable, Sale of Goods Act 1979 384-390 proposals for reform, 315-317 nature, 382 hire purchase agreements, 325 notification of credits, 384-390 market overt, abolishment of, 325 parties, liability and responsibility of, omissions, 321 390-393 purchase of goods from non-owners, 323 provisions, Salvage general, 382-384 archaeological considerations in, 11 miscellaneous, 399-401 division of proceeds from, 10 structure, 382 gold, of, 7 transfer of credits, 401-402 Security bill of lading held by bank as, 350, 352 Vienna Convention, 185