Duncan Matthews QC

The Mahkutai [1996] AC 650. Bailment - Carriage by sea - Terms - Bailment of goods by shippers to shipowners for carriage - Bill of lading issued by carrier to shippers containing Himalaya clause and providing for determination of disputes in Indonesia - No contractual relationship between shipowners and cargo owners - Cargo damaged during voyage - Cargo owners bringing action in Hong Kong against shipowners - Whether exclusive jurisdiction clause term of bailment - Whether shipowners entitled to rely on exclusive jurisdiction clause.

Global Coal Ltd v London Commodity Brokers [2010] EWHC 1347 (Ch) Coal industry - Interpretation - Licensing agreements - Standard forms of contract - Trading.

Parbulk AS v Kristen Marine SA [2010] EWHC 900 (Comm) Agreements - Expenses - Guarantees - Hedging - Leaseback - Loan agreements - Reasonableness - Shipbuilding - Ships - Swap agreements.

Westacre Investments Inc v Yugoimport SDPR [2008] EWHC 801 (Comm) EWHC - Delay - Enforcement - Foreign proceedings - Judgement creditors - Third party debt orders.

Atos Consulting Ltd v Avis Plc [2007] EWHC 323 (TCC) Privilege - Redaction - Specific disclosure.

Sanhe Hope Full Grain Oil Foods Production Co Ltd v Toepfer Internation Asia Pte Ltd [2007] EWHC 2784 (Comm) Appropriation - Arbitration appeals - Award - Contract terms - Contracts of sale - Default - Interpretation - Repudiation.

SEB Trygg Holding AB v Manches [2005] 2 Lloyd's Rep 129 - See CA cases.

Borealis AB v Stargas Ltd (The Berge Sisar) (CA) [2002] EWHC Civ 757 Case management - Delay - Discretion - Joinder - Predjudice - Proportionality.

Demco Investments & Commercial SA v SE Banken [2005] 2 Lloyd's Rep 650 Arbitration - Application for permission to appeal on point of law - Arbitrators finding that pensions had been mis-sold - Allegations that arbitrators had reached conclusion in absence of evidence, applied wrong burden of proof and disregarded evidence - Whether question of law arose - Whether arbitrators' conclusions obviously wrong - Arbitration Act 1996, section 69.

The P&O Nedlloyd Marseilles [2003] 1 WLR 503

Linea Naviera Paramaconi S.A. v Abnormal Load Engineering Ltd [2001] 1 Lloyd's Rep763. Bill of lading - Counterclaim - Limitation of time - Claimants agreed to transport on their barge two specialized cranes - During voyage fire broke out damaging barge and parts of crane collapsed - Claimants claimed demurrage and damages for damage to and detention of barge - Defendants counterclaimed alleging barge unseaworthy and losses incurred while repairs undertaken - Whether defendants' claim time barred - Whether contractual extension of time limit granted by claimants to defendants.

Aktieselskabet Dampskibsselskabet Svendorg and another v Mobil North Sea Ltd and others [2001] 2 All ER (Comm) 553

KBC Bank v Industrial Steels (UK) Ltd [2001] 1 All ER (Comm) 409

Sinochem International Oil (London) Co. Ltd v Fortune Oil Co. Ltd. [2000] 1 Lloyd's Rep682. - Sale of goods - Contract - Oral agreement - Contract of sale of barrels of oil - Claim in respect of unpaid invoices - Application for appointment of arbitrator - Respondent denied agreement made on its behalf - Whether agreement made with respondent's actual authority - Whether respondent estopped from denying that it was party to agreement by doctrine of ostensible authority - Whether respondent entitled to declaration that it was not party to alleged contract.

Vale do Rio Doce Navegacao SA & Anr v Shanghai Bao Steel Ocean Shipping Co Ltd & Anr. [2000] 2 Lloyd's Rep 1. - Arbitration - Jurisdiction - Application to set aside arbitration claim form - Contract of affreightment concluded by broker - Owners joined brokers in arbitration application for declaration - Whether claim within arbitration exception in Lugano Convention - Whether CPR PD49G permitted service against brokers out of jurisdiction - Whether Arbitration Act, 1996 permitted owners to make application - Whether Court had jurisdiction to grant declaration against brokers - Whether application to join brokers should be set aside.

Minmetals v Ferco Steel [1999] AER (D) 7

Glencore International AG v Shell International Trading and Shipping Co Ltd [1999]2 Lloyd's Rep 692 Practice - Interpleader proceedings - "Same cause of action" - Construction - Proceedings commenced in Paris against defendants in respect of payment for cargoes ofnaptha - Defendants commenced interpleader proceedings in England - Whether Paris action and interpleader proceedings involved the same cause of action - Civil Jurisdiction and Judgments Act, 1982, Schedule, art. 21.

The "T JASKEMOLEN" (Now Named "V/SVLlET") [1997] 2 LIoyd's Rep 476 - Admiralty practice - Arrest of vessel - Security - Application to discharge or reduce security - Vessel arrested in Rotterdam but released by order of Rotterdam Court on application of owners - Whether plaintiffs showed good reason for maintaining arrest - Whether arrest of vessel in Liverpool abuse of process of Court - Whether security should be discharged.

The "T JASKEMOLEN" (Now Named "V/SVLlET") [1997] 2 LIoyd's Rep 465 Admiralty practice - Arrest of vessel - Security - Ownership of vessel - Application to discharge or reduce amount of security - Whether affidavit stated nature of claim - Defendants alleged vessel sold at time writ of summons issued - Whether transaction a sham or facade - Whether amount of security should be reduced.

Toepfer v Molino Boschi [1996] 1 LI Rep 510. - Sale of goods (c.if.) - Stay of proceedings- Short delivery - Proceedings commenced by defendants in Italy - Plaintiffs applied for declaratory and injunctive relief - Whether application for stay should be granted - Whether Brussels Convention applied - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts.17,21,22.

Aratra v Taylor Joynson Garrett [1995] 4 AER 695.

Swiss Bank Corporation v Premier League The Times 9 February 1995 - Banking and Finance.

Kaufmann v Credit Lyonnais Bank The Times 1 February 1995. - Banking and finance.

The Andreas P [1994] 2 LI Rep 183. - Sale of ship - Norwegian Saleform - Alleged breaches - Buyers contended that at time of delivery vessel failed to satisfy requirements of contract - Whether items of work carried out to comply with recommendations made by classification society before vessel delivered - Whether such costs recoverable from sellers.

The Giannis NK [1994] 2 LI Rep 171. - Cargo - Dangerous cargo - Shipper's Iiability - Cargo of ground-nuts shipped at Dakar infested with Khapra beetle - Cargo jettisoned at sea - Whether infestation originated in ground-nut cargo shipped under charter - Whether Khapra beetle already on board vessel when ground-nut cargo shipped - Whether cargo dangerous by reason of presence of Khapra beetle - Whether shippers' liable - Bills of Lading Act 1855, s. 1.

The Cebu (No 2) [1993] QB 1. - Shipping - Charter party - Time charter - Owners' lien for unpaid hire - Vessel sub-subchartered - Dispute between owners and head charterers - Owners having lien upon "all subfreights" for any amounts due under head charter - Whether owners' lien extending to hire due under sub-sub-time charter - New York Produce Exchange form, cl. 18