Informa Professional

Cases in Lloyd's Law Reports cover a wide range of areas. Full details of recently reported cases can be found below.

Here are just a few recently reported cases

WASA INTERNATIONAL INSURANCE CO AGF INSURANCE LTD v LEXINGTON INSURANCE CO
Reinsurance — Facultative policy — Insurers covering liability against pollution losses for three-year period — Reinsurance taken out on same terms and conditions for 36 months — US courts ruling that insurers were liable for losses going back many years — Whether reinsurers liable to indemnify reinsured — Back-to-back cover — Meaning of deductible clause.
[2009] 2 Lloyd's Rep. 508

STONE & ROLLS LTD v MOORE STEPHENS
Negligence — Auditors acting negligently in failing to notice that company was defrauding creditors — Action by company’s liquidators — Whether ex turpi causa rule precluded action — Whether actions of sole shareholder were attributed to company — Scope of rule in In re Hampshire Land Co [1896] 2 Ch 743.
[2009] 2 Lloyd's Rep. 537

ACCENTUATE LTD v ASIGRA INC
Arbitration — Agency — Agreement governed by Ontario law — Obligation to go to arbitration in Ontario — Arbitrators applying Ontario law and dismissing agent’s claim for compensation — Whether arbitration clause binding — Permission for service outside the jurisdiction — Commercial Agents (Council Directive) Regulations 1993, Regulations 17 and 19 — CPR 6.20.
[2009] 2 Lloyd's Rep. 599

PETROPLUS MARKETING AG v SHELL TRADING INTERNATIONAL LTD (THE “NINAE”)
Sale of goods (fob) — Contract for sale of high sulphur fuel oil — Price based on Platts quotation for bill of lading date — Contract providing for payment in full without deduction — Delay in shipment caused by sellers’ breach of contract — Market price of oil increasing between last contractual shipment date and actual shipment date — Whether sellers precluded from recovering increase in price caused by delay in shipment — Whether sellers seeking to rely on own wrong.
[2009] 2 Lloyd's Rep. 611

HIGHLAND CRUSADER OFFSHORE PARTNERS LLP AND OTHERS v DEUTSCHE BANK AG AND ANOTHER
Jurisdiction — Non-exclusive jurisdiction clause in favour of England — Respondent commencing proceedings in Texas — Applicant commencing proceedings in England — Whether anti-suit injunction should be granted.
[2009] 2 Lloyd's Rep. 617

MEDITERRANEAN SALVAGE & TOWAGE LTD v SEAMAR TRADING & COMMERCE INC (THE “REBORN”)
Charterparty (Voyage) — Specific load port named in voyage charter — Port containing several berths to which vessel could be directed to load — Vessel sustaining damage while berthing — Whether charterparty containing implied term that charterers must nominate safe berth.
[2009] 2 Lloyd's Rep. 639

COWDEN AND ANOTHER v BRITISH AIRWAYS PLC
Carriage by air — Montreal Convention — Loss of and delay to luggage — Whether claimants entitled to damages for distress and inconvenience — Meaning of “damage” — Montreal Convention, articles 17 and 19.
[2009] 2 Lloyd's Rep. 653

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