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RUSSELL ON ARBITRATION
Twenty-Third Edition

by

David St. John Sutton

BA, FCI Arb

Judith Gill
MA (Oxon), Dip Int Arb, FCI Arb

Matthew Gearing
BA (Oxon), MCI Arb

LONDON
SWEET & MAXWELL
2007
 Published in 2007 by
Sweet & Maxwell Limited of 100 Avenue Road,
Swiss Cottage, London, NW3 3PF
http: //www.sweetandmaxwell.co.uk
Typeset by Interactive Sciences Ltd,
Gloucester
Printed and bound in Great Britain by
TJ International, Padstow, Cornwall

No natural forests were destroyed to make this product;

only farmed timber was used and re-planted

British Library Cataloguing in Publication Data

A CIP catalogue record for this book

is available from the British Library

ISBN 978 0 421 96680 2

All rights reserved. The Thomson trademark and Star Design are
trademarks of Thomson Financial S.A. used herein under licence.
Crown Copyright material is reproduced with the permission of
the Controller of the HMSO and the Queen’s Printer for Scotland.

No part of this publication may be reproduced or transmitted, in any

form or by any means, or stored in any retrieval system of any nature, without
prior written permission, except for permitted fair dealing under the
Copyright, Designs and Patents Act 1988, or in accordance with the terms
of a licence issued by the Copyright Licensing Agency in respect of
photocopying and/or reprographic reproduction. Application for permission
for other use of copyright material including permission to reproduce
extracts in other published works shall be made to the publishers.
Full acknowledgment of author, publisher and source must be given.

©
Sweet & Maxwell
2007
 FOREWORD

Russell on Arbitration is one of the classic legal reference works. It has stood the
passage of time and established, and in recent editions reinvented, its own distinct
persona and importance in legal literature. Few other texts have become institu-
tions due to acceptance and reliance on by the legal fraternity, including the
courts, practitioners and all those involved with arbitration in England and under
English law. For many foreign lawyers representing parties in arbitrations in
England Russe// is a reference tool for them too.
Anecdotal evidence suggests there are an ever increasing number of arbitrations
in England. Whilst difficult to substantiate, this may be the result of the momen-
tum of the alternative dispute resolution movement which has resulted in decreas-
ing numbers of cases being taken to the courts. Yet hard facts on the number of
arbitrations are not available and perhaps impossible to obtain. This is due in large
part to the very many different kinds of arbitration, resorted to by parties from
different industries, involving arbitrators from different backgrounds and pro-
fessional experience, and many involving factual issues rather than legal principles.
These arbitrations are domestic (i.e. where both parties are from England and the
subject matter is in England), international (involving some non-UK element),
commercial (involving some business element), investment (arising out of bilateral
investment treaties or investments by a party into another country), ad hoc and
institutional (such as ICC, LCIA or Stockholm Institute), commodities (food and
grain) and industry specific (shipping, insurance, construction).
The only evidence that exists is the annual number of known decisions arising
out of, concerning or affecting arbitration in the English courts. A rough estimate
suggests that in almost five years since the 22nd edition of Russe//, there have been
70-80 such decisions a year over this period. However what is important is not the
numbers but how the English courts use their power to support and give effect to
the agreement of the parties to submit their differences to arbitration. The
Arbitration Act 1996 greatly narrowed the opportunities for the English courts to
review and interfere with the arbitration process. Happily that approach has been
supported and followed in the main by the English courts.
With the passage of 10 years since its enactment, the Arbitration Act 1996
continues to be interpreted and applied with its intended purpose, i.e. giving
primary place to the will of the parties and then upholding the authority of the
arbitrators to conduct proceedings appropriately in the circumstances of the case.
It is also noteworthy that the English courts are looking at factors and influences
from outside the United Kingdom, especially the UNCITRAL Model Law of
International Commercial Arbitration, the New York Convention and the deci-
sions of other national and international courts on related commercial arbitration
issues.
There are four main areas where reported decisions of the English courts have
covered important areas of the 1996 Arbitration Act.
Vi Foreword

. The courts have sought to give effect to party autonomy and to oblige
parties to adhere to their commitment to arbitrate. This has meant the
staying of proceedings commenced in the courts despite the existence of a
valid arbitration agreement and recognising the differences that exist in the
conduct of arbitrations generally. The effect may be to preclude a party
from seeking to challenge an award in a country other than the place of
arbitration and even, perhaps in due course, ordering a party to participate
in an arbitration based on a valid arbitration agreement. A breach of the
arbitration agreement could also give an entitlement to monetary dam-
ages.

. Injunctive relief, by way of anti-suit or anti-arbitration injunctions, is a

widely sought remedy in the face of an arbitration agreement and gives rise
to many concerns of excessive jurisdiction being exercised by the courts.
These cases have provided the opportunity for the English courts to
consider the interaction between the duty of the court to recognise the
autonomy of the arbitration and therefore the importance of not interfering
in the process, and the need to exercise jurisdiction and make orders which
give effect to the decision of the parties to submit their differences to
arbitration. In practise the court’s powers have been used sparingly, and
only to enforce arbitration agreements and support arbitral practice. They
generally are not used to interfere with arbitrations taking place in another
country and under some other law.

. The doctrine of separability, resisted for some time in England, is now well
accepted in English law and given effect to in the Act. The English courts
have recognised that, with few exceptions, it is for arbitrators to determine
the extent of their own jurisdiction, and that the arbitration and the
arbitration agreement may be subject to a different national law to that
governing the underlying contract. Most significantly, the House of Lords
decision in Premium Nafta Products Ltd & Others v Fili Shipping Co Ltd &
Others (the Fiona Trust case) recognised that an arbitral tribunal will not be
deprived of jurisdiction where the underlying contract is alleged to have
been induced by bribery, or for that matter even if this allegation is
upheld.

4. An area where the courts have had some involvement is with respect to the
duties of arbitrators. These are stated in section 33 of the Arbitration Act
1996 in language which, whilst original and perhaps revolutionary,
expresses the general expectation and understanding of the duty of arbi-
trators in unique terms. These obligations are to “‘act fairly and impartially
as between the parties”, “giving each party a reasonable opportunity of
putting his case” and adopting procedures which “‘avoid unnecessary delay
or expense”. The meaning and application of these basic standards have
still to be thoroughly considered in the English courts. They have however
been tested in the English courts largely in the context of applications to
challenge awards for serious irregularity under section 68. The English
courts have also had the opportunity to consider the IBA Guidelines on
 Foreword Vil

Conflict of Interest in International Arbitration in reviewing standards for

impartiality and independence of arbitrators.

This 23rd edition of Russell on Arbitration, more than 150 years after the first
edition, reflects the law on these and other issues up to date in 2007. It will
continue to be an indispensible aid to lawyers and non-lawyers involved with
arbitration or wishing to understand the principles of the law applicable to
arbitration in England. The authors, distinguished and experienced practitioners
in all forms of international and domestic arbitration, are to be commended for
continually raising the bar in respect of this ever more valuable book.

Julian D M Lew Q.C.

October 2007
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 PREFACE

This book deals with the English law of arbitration as at June 30, 2007, although
wherever possible an attempt has been made to incorporate subsequent develop-
ments up to the date of finalising the proofs for publication in early October 2007.
For example, reference has been included to the potentially important first
instance decisions in Albon v Naza Motor Trading Sdn Bhd (No.4), where the
court exceptionally granted an injunction to restrain a foreign arbitration, and to
Tamil Nadu Electricity Board v ST-CMS Electric Co Private Ltd, which deals with
the interplay between the law of the matrix contract and the law of the agreement
to arbitrate. Both of these cases were decided in July 2007.
Even more recently, in the final days of reviewing the proofs of the book, the
House of Lords handed down the important decision in Premium Nafia Products
Ltd v Fili Shipping Co Ltd. We had given extensive treatment to the decision of the
Court of Appeal in this case (there entitled Fiona Trust & Holding Corp v Yuri
Privalov). The House of Lords decision further bolsters the principle of separ-
ability of the agreement to arbitrate contained in section 7 of the Act and lays
down sensible and modern guidance on the construction of the wording of
agreements to arbitrate and we have therefore sought to incorporate reference to
it in so far as possible in the time available.
More than ever, the development of arbitration law is moving at a fast pace and
the temptation, which we have resisted, was to postpone publication of this 23rd
edition until certain important developments had crystallised, not least because in
the five years since the 22nd edition almost every area of arbitration law has
received judicial attention and time is now ripe for a fresh statement of the law.
One evolving issue worthy of particular note is the continued ability of the courts
to grant anti-suit injunctions to restrain proceedings brought in other Brussels
Convention countries commenced in breach of an agreement to arbitrate is in
doubt following the reference of this question to the European Court ofJustice by
the House of Lords in West Tankers Inc v Ras Riuione Adriatica di Sicurata. The
EC] is not expected to consider the reference until 2009 at the earliest. In Chapter
7, we summarise the current position pending this decision and the arguments for
and against the use of anti-suit injunctions.
Finally, we should thank our colleagues at Allen & Overy LLP and elsewhere
who have given us great assistance in the process of preparing this addition, in
particular, Hannah Ambrose, Chris Mainwaring-Taylor and Conan Lauterpacht,
colleagues in the arbitration group at Allen & Overy. We also wish to express our
thanks for the tireless secretarial support provided by Maria Iannella, and for the
invaluable support and guidance given by our publishers at Sweet & Maxwell.

David St John Sutton, Judith Gill, Matthew Gearing

October 2007
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 CONTENTS

Bie RPh ere Hemet trmrhir irate At stare cairns 1 aie ee v

eh Ee cape pm aad seer perenne ne te eb echt lik bd tA Ma lope heLt oi ix
PEOUTEVIA OTT eh ecet se Pee erty eee eT eels asnancst XV
Bae OL AUANGaris ete centes ate csr tCtiie Men ernte rn eee Om Pea et eB on cas XIX
PEAie OF TAT Gana eure cerry ee mene eee ee ee eee ee etc Nalin Ix
Pathe Ol eAeOt yeastrUINenign set. eee reeset ee eee ner wuis Ixxvil
Mave OL Ory TOC COU eCINtnes e rance rere tey mere ent a cs cars Ixxvill

Chapter 1. Introduction
Pe ANTE ALIGN) LAW G cans ceerr sees ht. de tneamn ae eeaa eat er ese sce 1-001
2, EALOUTAtON, ANG Menke AUT Cad oe ners scedarara, Bets tcisacsses 1-005
RAR cregeiecripce) a plolitye|temee eee poe Mem 2 OREN on er one 1-016
#2 he-Tote othe Emrlish: COU. cen meaetet-c.r.cce. 1-019
5, Phe advantares Of ar pitt atin «ccs anil. feces scenes 1-022
6, “Phe disadvantages ofarDitration virccn exstoet.-stec-sccs 1-028
7. Matters referred and referable to arbitration ............ 1-033
S. Ene sources OL -arDitalOMwaW garsperrecates.-ste-+conseos 1-042
oe Wevelopalents Ws anole ation law omer cre eee. 1-043
LO- Summary 01 Tollowine Chapters. ceaccc cc. s20cs tees Acces 1-055

Chapter 2. The arbitration agreement

|g Wy ago Ts AG)keer need Re ite at, A aR PR 2-001
2g Wat Sealant Ott at1OMl AG TeCMAC INCE cress n, bapreosaceee
ents 2-002
Si, POLI OL anal OlUr ston ae LeCMENE ct. cescr ce naeyaecerives 2-038
+, (Content.of ait arOltration AgrecIMent ..cusiasenanccsstesc 2-058
5, Laws (to: be apohed to an arbitration: o...c.acc...-a0ccaers 2-087
6. Termination of the arbitration agreement ................ 2-110

Chapter 3. Parties and institutions

Weg MANGE
OT UAGSIAIN esc cen ecehew. seen ci NRTA AN este c cuits 3-001
DC ABLLOS IsSica nace sees PERL Po: I LE hee Moo acaieaacs 3-002
3., Individuatsnindemdisabilitys 25, ee eet etic ncnn ono 3-004
4. SOF POFAte, DOGIES .sarvoas AUER. ees RMR pea R econ iene sadexse 3-008
5. Partnerships and unincorporated associations ........... 3-012
Gyan panties ant, LIAS OA Het eee Retr cen sects esas 3-014
Pe eS THEMEEG, DATELES, «cost eyscoeceor scan: MPU ORAS <cos2agnen somes 3-016
SrpleGatarand aw Versi a so M RO ied veetseses 3-023
9. Executors, administrators and trustees .............0..008 3-026
10. Insolvent individuals and companies .............0.:::0068 3-027
11. States, state entities and public authorities ............... 3-033
[Detlniemaronalorganrsations, vORMR. GTi dikes cossenaen 3-039
13S Miultitpartydis puter. 20. 2 atte Rh LORRI e.cc.tacen ee 3-040
X11 Contents

14. PN ovdagel shaksslaty

nVOIn ehesa: pans snnbernnonnancéasecaunosonanoasssoncacedsen 3-051

Chapter 4. The tribunal

Lag trO CU CHL ONES, caress. cease ee Cee ee Cee eee
IDEMINITONSe tera once o ae Oe nee ee ee
Qualifications) of aiiarbiteatOr 6. teac-co-cbsscce-se-nteesvaceet
Appointment of an arbitral tribunal ....................
Remuneration of an arbitral tribunal ........................
PowenrseotanoiiraleinioUnal Sweeties tesserae
Dutrescof anvanbitiralltiloinalleee scene teseets ahem eee
iabrtlitieskotaaniithatOticie ses: sere eeeenee ae eee ener nee
Challenge and termination of authority of arbitrators .

Chapter 5. Conduct of the reference

iL: Iataqore (Yea Conn eneer erence econ nrcccrectnosccacs neaaceconodetnce nner ED
a Commencing the arbitration’ "OV RAs esto snkesaie
op Duties of the tribunal in relation to the conduct of the
PELETENCE: 5h RS Ree es OO Seco oe sash aat
Preliminary: cOnSIdePatONS Fe ete ers tee dessen
Ascertaninig the procedupen cise cs tee tate sete ate oe censuses
TNS Wearing 75.12 ee 28, Wee Mot Me Bane ht Moser wonuss
Se dlermination ofine melerencem
Sa
os
Su a mitieesesteeee eee aan

Chapter 6. The award

Ialiyore Cites ol emeeeeecoe tee CT Mom rm re re nee eae
Poriial fequirements Of AWAEA i occniu es ccd teen
Re
hY
WwWSubstantive requirements Of Award © cocccepee.nee-ocd-< os
Relief and remedies available to the tribunal ............
LG 015Fc a eee ee ee eC ee te Et en eee

Chapter 7. The role of the court before and during the

arbitration
Ls DtROGUC RIOD snscesstierncinadsiesindca sss AARON MMER cco cocaceh ta
2... StAVAUE; COURT PEOCCEMIICS i csoc exiccces MARIN Rc cecosccomnen
3. Injunctions to restrain arbitrations stvisish..t.....0.00
4s EXt@mS1GM)OF, TUM 01 coca nucaeee ere MUN MEIN R co Peccare betes
5. Appointment of an arbitrator or umpire ..................
6. Removal of the tribunal, resignation and revocation of
AUEINOLIEY waicniedny aces pavesiualicicoRMhe Se ORAM ea watetiveosc
Determining disputes about the tribunal’s jurisdiction
during the arbitration: iene UME ake osecev snes
Determination of questions of law during the arbitra-
THORLTiaintis Seleiiety, Dat. ge Pate Ae ce bbctians us.
Court’s powers to issue injunctions and make other
orders in relation to arbitral proceedings .................
 Contents Xill

10. Determination of the recoverable costs of the arbitra-

(PETal Shen ce Soh eA Ae en ay once weed oF a EE 7-209

Chapter 8. The role of the court after the award

le 8—001
vee 8—002
a Recognition and enforcement of certain foreign
DW AEG SS otis canteen cune eceer nt Aitnr Caimi onhAte a acaustaa 8—020
Cuan se Olea WAlOStocecyea.zic ee Ma tiw nke reese eee ays 8—051
Challenge of substantive jurisdiction ...................0005 8—054
Challenge of serious irregularity causing substantial
ATA GIC eee Mee teas. be fet, Ossett ck bv tetera meahccioe 8-072
Appeal on.questions ofslawile. cut cetlcenncsceesane eercnes 8-119
Orders in respect of challenges and appeals ............. 8-162
Procedure for arbitration applications ................00 8-178
Appendix | Arbitration Act 1996 and related statutory instru-
TPLONEG eeced: ches ip errata a seeat eg etna sive cea voh pe loetinons a A1—000
ANvaoninrenaorm AoE WENO), TRENAE LUT caonanenasonnoapncs ansansacson6anae Al-119
Givileerocedune ules bantno2 mnmaeaeeesteeeteee ante ee Al-127
Practice erection: — Ar bitr att Oth. 93). Pies herbarecinn ces Al-149
Appendix 2 DAC report on the Arbitration Bill and supplemen-
fainreportion the Arbitration Act 1990 nce nece: A2-000
Appendix 3 esse rhec aeeeet earn A3—-001
ScahatOrysarbitration yusgesceeccas:eoeete
Appendix 4 Comparison between the Arbitration Act 1996 and
the -WING TURAL, Modell aw tycrsstisce wercccetar esses) atts
Appendix 5 {ist Of appomUng AULROMNES:. chess cxtsetaetness

Index
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 ABBREVIATIONS

Act
The Arbitration Act 1996.

Brussels Regulation
Council Regulation (EC) No.44/2001 of December 22, 2000 on jurisdiction and
the recognition and enforcement of judgments in civil and commercial matters,
including, if applicable, its application to Denmark as from July 1, 2007 by virtue
of an agreement made on October 19, 2005 between the European Community
and the Kingdom of Denmark on jurisdiction and the recognition and enforce-
ment of judgments in civil and commercial matters.

Brussels Convention
EC Convention on Jurisdiction and the Enforcement of Judgments in Civil and
Commercial Matters, Brussels 1968. The Brussels Convention has been largely
replaced by the Brussels Regulation. With respect to legal proceedings instituted
and to documents formally drawn up or registered as authentic instruments before
July 1, 2007, the Brussels Regulation is not applicable to Denmark. Nor does it
apply to certain overseas territories which fall within the geographical scope of the
Brussels Convention. The Brussels Convention therefore continues to have a
residual application.

ADR
Alternative dispute resolution.

Arbitration PD
The Practice Direction—Arbitration which supplements CPR Pt 62.

Chitty
Beale and others, Chitty on Contracts (29th edn, Sweet & Maxwell, 2006).

CIArb
Chartered Institute of Arbitrators.

Commercial Court
The part of the Queen’s Bench Division of the English High Court of Justice
devoted to commercial cases, including all arbitration applications and appeals.

Convention award
An arbitration award made in a country which is party to the New York Conven-
tion. The use of the expression ‘Convention award” derives from a statutory
Xvi Abbreviations

definition in the Arbitration Act 1975, s.7: that Act has been repealed. The
Arbitration Act 1996, s.100(1) uses the expression ‘“‘New York Convention award”
for awards made outside the United Kingdom under the New York Convention;
there are of course other conventions for the enforcement of awards made outside
the United Kingdom. However, the expression “Convention award” in the nar-
rower sense is likely to continue to be used.

CPR
The Civil Procedure Rules in force as at September 2007.

DAC
Departmental Advisory Committee on Arbitration Law set up by the United
Kingdom’s Department of Trade and Industry.

DAC Report
The DAC (see above) produced a number of reports. Where none is specified, the
reference is to their report on the Arbitration Bill of February 1996. If the
reference number is to another of the committee’s reports, the title of that report
is given in full.

Dicey & Morris

Dicey, Morris & Collins, Conflict of Laws (Lawrence Collins and other eds, 14th
edn, Sweet & Maxwell, 2006).

Kendall
J Kendall, Expert Determination (3rd edn, Sweet & Maxwell, 2001).

FIDIC
Federation Internationale des Ingenieurs-Conseils.

FOSFA
Federation of Oils and Seeds and Fats Association.

GAFTA
Grain and Feed Trade Association.

Geneva Convention
Convention on the Execution of Foreign Arbitral Awards signed at Geneva on
behalf of His Majesty on September 26, 1927

Handbook
Bernstein’s Handbook ofArbitration Practice (4th edn, Sweet & Maxwell, 2003).

IBA Guidelines
IBA Guidelines on Conflicts of Interest in International Arbitration.
 Abbreviations XV1l

IBA Rules
IBA Rules on the Taking of Evidence in International Commercial Arbitration.

ICC
International Chamber of Commerce.

ICCA
International Council for Commercial Arbitration.

ICC Rules
Rules of Arbitration of the ICC.

CE
Institution of Civil Engineers.

ICSID
International Centre for the Settlement of Investment Disputes.

ICSID Convention
The Convention on the Settlement of Investment Disputes between States and
Nationals of Other States, 1965.

JcT
Joint Contracts Tribunal.

LCIA
London Court of International Arbitration.

LCIA Rules
LCIA Arbitration Rules.

LMAA
London Maritime Arbitration Association.

Lugano Convention
Convention of September 16, 1988 on jurisdiction and the enforcement of judg-
ments in civil and commercial matters. Its effects are materially the same as the
Brussels Convention and it governs issues of jurisdiction and enforcement
between the European Union member states and the European Free ‘Trade
Association countries other than Liechtenstein (namely Iceland, Switzerland and
Norway).

Merkin
Robert Merkin, Arbitration Law (LLP, 1991).
XVill Abbreviations

Model Law
The UNCITRAL Model Law on International Commercial
Arbitration.

Mustill and Boyd

Michael Mustill and Stewart Boyd, Commercial Arbitration (2nd edn, 1992), as
supplemented by a 200] Companion (Butterworths, 2001).

NEMA guidelines
Guidelines, laid down by the House of Lords in BTP Tioxide Ltd v Pioneer
Shipping Ltd, “‘The Nema”’ [1982] A.C. 724, for appeals from arbitration awards to
the courts.

New York Convention

The New York Convention on the Recognition and Enforcement of Foreign
Arbitral Awards of 1958.

Redfern & Hunter

Alan Redfern, Martin Hunter, Nigel Blackaby and Constantine Partasides, Law
and Practice of International Commercial Arbitration (4th edn, Sweet & Maxwell,
2004).

RIBA
Royal Association of British Architects.

RICS
Royal Institution of Chartered Surveyors.

RSC
Rules of the Supreme Court of England and Wales now largely replaced by the
CPR:

UNCITRAL
United Nations Commission on International Trade Law.

UNCITRAL Rules
Arbitration Rules of the United Nations Commission on International Trade Law,
1976.

WHITEBOOK
The CPR and Practice Directions, with Commentary, contained in two vol-
umes.
 TABLE OF CASES

A v B [2006] EWHC 2006 (Comm) ...... 2-105, 2-106, 4-144, 5-072, 6-052, 7-004, 7-011
7-013, 7-024, 7-025, 7-028, 7-030, 7-037, 7-055, 7-060, 7-183,
7-184, 8-051, 8-199
Av BYCostsy (2007) E WHE S4( Comimy /c..scassecstesssasee 2-106, 7-019, 7-022, 8-209
ACs VOCS) 82 lovd « Rep, 160" ODI COMMS esac et ct 7-042
SOB COL TV Sol eleC) ea settee emer ae aire ce ase ee ee ee 2-079
A Cameron v John Mowlem & Co, [1990] 52 B.L.R. 24, CA uw... 2-034, 6-002, 8-011
ABB AG vy Hochtief Airport GmbH [2006] EWHC 388; [2006] 1 All E.R. (Comm)
529; [2006] 2 Lloyd’s Rep. 1, QBD (Comm) ... 5-050, 6-032, 6-082, 7-167, 8-073,
8-080, 8-083, 8-095, 8-112
ABB Lummus Global Ltd v Keppel Fels Ltd (formerly Far East Levingston
Shipbuilding Ltd) [1999] 2 Lloyd’s Rep. 24, QBD (Comm) ... 2-095, 2-101, 2-103,
5-063, 7-066, 7-143, 7-154, 7-170
ABCI (formerly Arab Business Consortium International Finance & Investment
Co) v Banque Franco-Tunisienne [2002] 1 Lloyd’s Rep. 511; [2002] I.L.Pr. 31,
© BIDE Conan) regener cece cen ccs ae ener Maen eae teen ein» 8-005
AIG Capital Partners Inc v Kazakhstan [2005] EWHC 2239; [2006] 1 W.L.R. 1420;
[2006] 1 All E.R. 284; [2006] 1 All E.R. (Comm) 1; [2006] 1 Lloyd’s Rep. 45,
OBO Comm ter eer ee ee en ee 8—045, 8-049
AIG Europe SA vy QBE International Insurance Ltd [2001] 2 All E.R. (Comm) 622;
[2001] 2 Lloyd’s Rep. 268; [2001] C.L.C. 1259; [2002] Lloyd’s Rep. LR. 22,
OBO Comin) een eee ee cee ee ree An pe a Red, See Rae Se 2-065
AIG Europe (UK) Ltd v Ethniki; sub nom. AIG Europe (UK) Ltd v Anonymous
Greek Co of General Insurances; Anonymous Greek Co of General Insurances
v AIG Europe (UK) Ltd [2000] 2 All E.R. 566; [2000] 1 All E.R. (Comm) 65;
[2000] C.L.C. 446; [2000] I.L.Pr. 426; [2000] Lloyd’s Rep. I.R. 343, CA (Civ
DDE eek eae cee hee rah tel Nec eek, WL a Pek CA te a Ree a ea oe 2-047
NE EShalines ives |) 99a lblovdkseRepeo2 OB DaCXdimlliy) Resse eee 7-206
A/S D/S Svendborg v Akar; sub nom. Maersk Sealand v Akar [2003] EWHC 797,
COBIDAGonna ee cts Th oie Gace tartans oh tee acts oe nace ealetentes 7-019
A/S Det Dansk Franske Dampskibssel vyCompagnie Financiere D’Invetissements
Transatlantiques SA (The Himmerland) [1965] 2 Lloyd’s Rep. 353, QBD
(COLLIE) Mie tats Mee aera at mete eae OMe c oat ae need ae eae cee ee 5-004, 5-007
ASM Shipping Ltd v Harris [2007] EWHC 1513 (Comm), The Times, August 6,
2007 MOBDE (Gomi) eerie eee eae 1-017, 4-115, 4-119, 7-124, 7-127
ASM Shipping Ltd of India v TTMI Ltd of England [2005] EWHC 2238 (Comm);
[2006] 2 All E.R. (Comm) 122; [2006] 1 Lloyd’s Rep. 375; [2006] 1 C.L.C. 656,
QBD (Comm) .... 4-110, 4-111, 4-114, 4-118, 4-120, 4-122, 4-125, 4-128, 7-113,
7-124, 7-127, 8-072, 8-088, 8-105, 8-110, 8-111, 8-114
ASM Shipping Ltd of India vyTTMI Ltd of England (Permission to Appeal)
[2006] EWCA Civ 1341; [2007] 1 Lloyd’s Rep. 136; [2007] C.P. Rep. 5; [2006]
ZAG GAT Ga Cia Div eRe ance eee tact ene oneness: 7-201, 8-118, 8-159
AT&T Corp v Saudi Cable Co [2000] 2 All E.R. (Comm) 625; [2000] 2 Lloyd’s
Rep, 1275/2000] GLE. 1309; (2000) B-L.R: 293; CAN(CGiv Div) ..3.5 4-051, 4-109,
4-112, 4-116, 4-127, 7-112
AWG Group Ltd (formerly Anglian Water Plc) vy Morrison; sub nom. Morrison v
AWG Group Ltd (formerly Anglian Water Plc) [2006] EWCA Civ 6; [2006] 1
NVA Resa 20 06 MAREE 67, GAe(CivaDiv) eeswmernteeens 4-114, 4-117, 4-123
SOs Table of Cases

AXA Re v Ace Global Markets Ltd [2006] EWHC 216; [2006] Lloyd’s Rep. LR.
6565 BIOs (Gomi) x eimecccssceee ce tarieiee apes tee ee eae oe 2-027, 7-149
Abdullah M Fahem & Co v Mareb Yemen Insurance Co [1997] 2 Lloyd’s Rep. 738,
CUBIDY (Crean) Reeeeererchce setter ert a sactsrnce roche Minter dicen Arcagsie raat acanancnaa a noroeesaies 2-004
Absolute Rentals Ltd vyGencor Enterprises Ltd (2001) 17 Const. L.J. 322, QBD
(CGY ross seh Sa Scand we eS ee ces RN a ee ite Cae capes bare ner ae 2-034
Abu Dhabi Gas Liquefaction Co v Eastern Bechtel Corp; Eastern Bechtel Corp and
Chiyoda Chemical Engineering & Construction Co Ltd v Ishikawayima-
harima Heavy Industries Co Ltd; Bechtel Corp v Ishikawajima Harima Heavy
Industries Co Ltd [1982] 2 Lloyd’s Rep. 425; [1982] Com. L.R. 215; (1982)
De lanes Cause nee oT cen Aree aCe eC 3-050
Abu Dhabi Investment Co v H Clarkson & Co Ltd [2006] EWHC 1252; [2006] 2
Lloyd’s Rep. 381, QBD (Comm) .....sccssseeessseee-s 2-097, 7-024, 7-035, 7-048, 7-055
Action Navigation Inc v Bottiglier1 di Navigatione SpA (The Kitsa); sub nom.
Action Navigation Inc v Bottigliere Navigation SpA [2005] EWHC 177;
[2005] Wloydis Rep, 4324/2005) IG aeGals3. OBDs (Conan) secs. 6-032
Aectra Refining & Marketing Inc v Exmar NV (The New Vanguard and The
Pacifica) [1994] 1 W.L.R. 1634; [1995] 1 All E.R. 641; [1995] 1 Lloyd’s Rep.
TOW FCA (Cave Din, pct eess escent ia. a cceran ee am 6-016
Aggeliki Charis Compania Maritima SA v Pagnan SpA (The Angelic Grace) [1995]
1 Lloyd’s Rep. 87, CA (Civ Div) .......... 2-004, 2-070, 2-075, 2-105, 7-014, 7-015
Agrimex Ltd v Tradigrain SA [2003] EWHC 1656; [2003] 2 Lloyd’s Rep. 537;
(2.003) 15 3 mINGTES|Peal) lesSIS
@ (Comm) aes tee eee 4-059, 6-056, 6-074
Agromet Motoimport Ltd vyMaulden Engineering Co (Beds) Ltd [1985] 1 W.L.R.
OZ M9 S5]] ar Ale SRS OryOES1D)aearets weet st eee ee eres, 8-017
Ahad v Uddin [2005] EWCA Civ 883; (2005) 149 S.J.L.B. 772, CA (Civ Div) .... 7-043
Aiden Shipping Co Ltd v Interbulk Ltd (The Vimeira) (No.2) [1986] A.C. 965;
[1986] 2 W.L.R. 1051; [1986] 2 All E.R. 409; [1986] 2 Lloyd’s Rep. 117; (1986)
18.065. 5429. Els Pe See eee oo 8 ye, RE oe oe 5-051, 6-146
Aiglon Ltd v Gau Shan Co Ltd; L’Aiglon SA vy Gau Shan Co Ltd [1993] 1 Lloyd’s
IRsyoy WOE MOOR BM Cale,(Cr,SAE (O1BIDY (Cros th)) 55 cgeeneececeos trees eres eax 7-195, 8-006
Air India Ltd v Caribjet Inc [2002] 2 All E.R. (Comm) 76; [2002] 1 Lloyd’s Rep.
3142 OBIO. (Conn) pi te teen nts Ae Sed Se ee Ve ee 8-009
Akai Pty Ltd v People’s Insurance Co Ltd [1998] 1 Lloyd’s Rep. 90; [1997] C.L.C.
HEXU|CONE I Pie, Ak, (COUBIDM (Crosman)! ohesescncassaneysochenecaugnavieeeeesnascne/eeeneesien 7-014
Al-Hadha Trading Co vy Tradigrain SA [2002] 2 Lloyd’s Rep. 512, QBD (Merc) ..... 6-170
Al-Midani v Al-Midani; Al-Midani vy Kayal [1999] 1 Lloyd’s Rep. 923; [1999]
Cl, CP904 FORD (Cominny) yet escreee see eee keee 2-065, 8-002
Al-Naimi (t/a Buildmaster Construction Services) v Islamic Press Agency Inc; sub
nom. Al-Naimi (t/a Buildmaster Construction Services) y Islamic Press
Services Inc [2000] 1 Lloyd’s Rep. 522; [2000] C.L.C. 647; [2000] B.L.R. 150;
(2000) 2 T-C_L.R. 499; 70 Con. L.R. 21, CA (Civ Div) ... 7-025, 7-027, 7-030, 7-031,
7-032, 7-033, 7-036, 7-040, 7-049, 7-055
Albany Marine Inc v South Loyal Shipping Inc (The Ville de Titana) [1994] 1
loys Rep S414 O BW s(Commni) aad 4. bees ek ee ee See 5-222
Albon (t/a NA Carriage Co) y Naza Motor Trading Sdn Bhd [2007] EWHC 665
(Ch); [2007] 2 All E.R. 1075; [2007] 2 Lloyd’s Rep. 1, ChD ...... 7-011, 7-025, 7-030,
7-032, 7-046, 7-055, 7-058, 7-060
Alfred C Toepfer International GmbH v Molino Boschi Srl [1996] 1 Lloyd’s Rep.
SLOP 990) GeL.C. 738: (1997) 1.1L.Pe. 133, OBD (Gomm) st. Aal..tth hol 2-105
Alfred C Toepfer International GmbH v Societe Cargill France; sub nom. Toepfer
International GmbH v Societe Cargill France [1998] 1 Lloyd’s Rep. 379;
Pee eGWAS OS GA CIV IDI) trace tiie renee eo inae haere 2-022, 2-027, 2-105
Alfred McAlpine Construction Ltd vyRMG Electrical [1998] A.D.R.L.J. 33 ....... 2-047
Alfred McAlpine Construction Ltd v Unex Corp, [1994] 70 B.L.R. 26; [1994]
NGS 16 8CA (Civ Div)... eiok eid. Beh tei ere Me FR, ae 3-015, 6-184
 Table of Cases XX1

Ali Shipping Corp v Shipyard Trogir [1999] 1 W.L.R. 314; [1998] 2 All E.R. 136;
[1998] 1 Lloyd’s Rep. 643; [1998] C.L.C. 566, CA (Civ Div) ..... 5-182, 5-183, 5-187,
5-188, 5-189, 5-190
Allianz Versicherungs AG v Fortuna Co Inc (The Baltic Universal); sub nom.
Versicherungs AG v Fortuna Co Inc [1999] 1 W.L.R. 2117; [1999] 2 All E.R.
625; [1999] 1 Lloyd’s Rep. 497; [1999] C.L.C. 258, QBD (Comm) .............. 5-022
Allied Marine Transport v Vale do Rio Doce Navegacao SA (The Leonidas D); Vale
do Rio Doce Navegacao SA v Ocean Freighters Corp [1985] 1 W.L.R. 925;
[1985] 2 All E.R. 796; [1985] 2 Lloyd’s Rep. 18; (1985) 82 L.S.G. 2160; (1985)
ZAI LA alice CANN CANAL) Ree tin ked debae dea recahaead cokes ee hiceocx anata ae 5-229
Allied Vision Ltd vy VPS Film Entertainment GmbH [1991] 1 Lloyd’s rep B92
OBDi(Gomna) see deere 2-016, 2-073, 2-105, 5-064, 5-069, 7-143
Almare Societa di Navigazione SpA v Derby & Co Ltd (The Almare Prima) [1989]
Pe Wlovadts RepesiOn@ By (Commi eee ete eee eee 2 eee: 2-004, 2-073
Alphapoint Shipping Ltd v Rotem Amfert Negev Ltd (The Agios Dimitrios)
[2004] EWHC 2232; [2005] 1 Lloyd’s Rep. 23, QBD (Comm) .................65 8-151
Amalgamated Metal Corp v Khoon Seng Co [1977] 2 Lloyd’s Rep. 310, HL ...... 5-090
Amec Civil Engineering Ltd v Secretary of State for Transport [2005] EWCA Civ
2OFA2005] I WARS 23393 (2005) B:L-Ry 227; 101 Cony LR. 26: (2005) 21
Const. L.J. 640; [2005] 12 E.G. 219 (CS.); (2005) 102(20) L.S.G. 30, CA (Civ
IBY2) coe tercrcrtccaanendhetuacert
donbbate ces.bloc Rate ene Ree eeeeee 2-002, 2-033, 5-003, 8-071
American International Specialty Lines Insurance Co vy Abbott Laboratories [2002]
EWHC 2714; [2003] 1 Lloyd’s Rep. 267; [2004] Lloyd’s Rep. I.R. 815, QBD
(Comin) pres eaeneh: He, ie, BAe. certs. eee Re Benen ed ee 2-047
Anangel Peace Compania Naviera SA v Bacchus International Commerce Corp
(The Anangel Peace) [1981] 1 Lloyd’s Rep. 452, QBD (Comm) ......... 5-094, 6-076
Andre et Cie SA v Marine Transocean Ltd (The Splendid Sun) [1981] Q.B. 694;
[1981] 3 W.L.R. 43; [1981] 2 All E.R. 993; [1981] 2 Lloyd’s Rep. 29; [1981]
(Comm, Igy Woe (GICYonWyWHASY Shh S55 (CAN (Cia III) acoso utcocobedoatiedpddensoueceoaeacee 5-229
ANGTE Wonca redshvawe 2000] Baca Omerane mueneners. ceeteectete: ee tetieeuneen atte ce 4-058
Angelic Grace, The. See Aggeliki Charis Compania Maritima SA v Pagnan SpA
(The Angelic Grace)
Anglia Oils Ltd vyOwners and/or Demise Charterers of the Marine Champion
(ZO02TRENVETCS24 017-5 OBR (CAciality, ieee ere eee ene eee eee cee 2-012, 7-025
Annefield, The. See Owners of the Annefield vy Owners of Cargo Lately Laden on
Board the Annefield
AnonkEH63) aA Bay SukidwaelVestoul spon meraeemaie rete eee 5 oe etree = Aten, Ee 1-008
Anonymous Greek Co of General Insurances v AIG Europe (UK) Ltd. See AIG
Europe (UK) Ltd v Ethnik
Antaios Compania Naviera SA v Salen Rederierna AB (The Antaios) [1985] A.C.
191; [1984] 3 W.L.R. 592; [1984] 3 All E.R. 229; [1984] 2 Lloyd’s Rep. 235;
(1984) 81 L.S.G. 2776; (1984) 128 S.J. 564, HL ... 1-015, 1-050, 8-137, 8-138, 8-160
Antclizo Shipping Corp v Food Corp of India (The Antclizo) [1992] 1 Lloyd’s Rep.
Sfapote, Cova (shia DYRY) PRSew ay ede Rien ne ae Mee Ren et ee OR apes eect 6-125
Apis AS v Fantazia Kereskedelmi KFT (No.1) [2001] 1 All E.R. (Comm) 348, QBD
(COMI) Mien dete ete Marea ee sete eae ON een en, cama eeseeR Esa: 8006, 8-009
Arab African Energy Corp v Olie Producten Nederland BV [1983] 2 Lloyd’s Rep.
AO A983 iCom eRe 95. OBI (Gomam) eae meeesteecte seeteeerctec ssaee ae res 2-063
Arab Monetary Fund v Hashim (No.3) [1991] 2 A.C. 114; [1991] 2 W.L.R. 729;
[19ST AME RetS7 11999) BICC. 118051991) 3555 Ja: SLi lan.tes 3-039
Arab National Bank v El-Abdali [2004] EWHC 2381; [2005] 1 Lloyd’s Rep. 541,
QBD (Comm) .... 1-040, 2-100, 2-101, 2-102, 7-148, 7-150, 7-152, 8-089, 8-099,
8-113
Arab National Bank v Registrar of Companies [2005] EWHC 3047, Ch D .......... 6-072
Arbitration between Hohenzollern Actien Gesellschaft fur Locomotivban and the
Gey omLondom Gontiach Gopi Re (1886) 54h, 596) te. Nett ated d ates 2-077
XXli Table of Cases

Arbitration between the Owners of the Steamship Catalina and the Owners of the
Motor Vessel Norma, Re (1938) 61 Ll. L. Rep. 360, KBD ........... ee. 4-108
Arduina Holdings BV vy Celtic Resources Holdings Ple [2006] EWHC 3155
(Comm) «OB (Gonam) .a72e22.. ok 0. mils th SNe ead 8082, 8-085, 8-110
Arenson v Arenson. See Arenson v Casson Beckman Rutley & Co
Arenson vy Casson Beckman Rutley & Co; sub nom. Arenson v Arenson [1977]
A.C. 405; [1975] 3 W.L.R. 815; [1975] 3 All E.R. 901; [1976] 1 Lloyd’s Rep.
L/D 975) LO {See O ay ss etetee cere tee she seem 1-012, 2-029, 2-031,4-004
Argonaut Insurance Co vy Republic Insurance Co [2003] EWHC 547, QBD
CO hi) ee ee en ern me Cree, rd fees let. aS J 4-110, 4-124
Armar Shipping Co v Caisse Algerienne d’Assurance et de Reassurance (The
Armar) [1981] 1 W.L.R. 207; [1981] 1 All E.R. 498; [1980] 2 Lloyd’s Rep. 450,
GAUGCiN, Div) ee Ra A a ED 2 RO Bree 2-104
Anmuitagery Walkers (1855) :2idkayiGcs Ji 2s gersnnessnetttentent
1se-ceeenoc eerseheanat eesti 6-100
Arnold v National Westminster Bank Plc (No.1) [1991] 2 A.C. 93; [1991] 2 W.L.R.
1177; (1991) 3 AER: 415 (199 1)162 Pr& CAR. 490; [1991] 2°. GALER® 109;
(1991 SOEsGe 57541990 ME Ge 4 95(EsS))3GOO) MIS SiS:|SSve eile ecco 6-176
Ascot Commodities NV v Olam International Ltd [2002] C.L.C. 277, QBD
(Co trata) ME A a ds teh ds Sore a ee Re SS tere se ws 6-032, 6-082, 8-082
Asghar v Legal Services Commission [2004] EWHC 1803; The Times, August 5,
2004 Ch AD ete ee os cote tec aecewnstew 2-004, 2-070, 2-075, 2-080, 7-036, 7-041
Ashmore v Corp of Lloyd’s [1992] 1 W.L.R. 446; [1992] 2 All E.R. 486; [1992] 2
BloydistReps 159 (1992); 13ORS \ELAB eM Se aicl mee eek cee eee eee A2-050
Ashville Investments Ltd v Elmer Contractors Ltd; sub nom. Elmer Contractors
Ltd v Ashville Investments Ltd [1989] Q.B. 488; [1988] 3 W.L.R. 867; [1988]
2, AVIS RY 2577 [98802 Lloydis Repy 73 (Note); (1987), su@onstaaiaye 93;
(SSS) MS2ES als 5 Sa GAn(CivalDix, eee 1-033, 2-070, 2-075, 2-076, 2-077, 2-078,
2-079, 2-081, 6-114
JNGforell ve wstenaon Coruna PIMA WEIS WIS? 03.8 Bescaes enacaysncasua dc neneasts maasectsodeouecash see hase sectsaia: 3-018
Assimina Maritime Ltd v Pakistan National Shipping Corp (The Tasman Spirit)
[2004] EWHC 3005; [2005] 1 All E.R. (Comm) 460; [2005] ! Lloyd’s Rep. 525;
1200 5i|e2) GGs 4485 OB (Comm) hac... 7-197, 7-192, 7-193, 7-203, 7-204
Associated Electric & Gas Insurance Services Ltd vy European Reinsurance Co of
Zurich [2003] UKPC 11; [2003] 1 W.L.R. 1041; [2003] 1 All E.R. (Comm)
253; [2003] 2 C.L.C. 340; (2003) 100(11) L.S.G. 31; (2003) 147 S.J.L.B. 148m,
PCy (BGT) utea hare. eee ees 1-010, 5-182, 5-183, 5-188, 6-163, 6-176, 8-015
Astel-Reiniger Joint Venture v Argos Engineering and Heavy Industries Co Ltd
(1995 J AWD TAR SASS stein AE SR. ob teers en ee ak hen at ena Ae ete 2-053
Astrasinsuranceaymo phere rake \Viavaliee 200002 2: eeenceteeh cess neesst emer titt eee 8-067
Astro Venturoso Compania Naviera y Hellenic Shipyards SA (The Mariannina)
(MOSS eltloydiseRepy 12a GAs (Civ Diy) Hemet se rere acerte tect meee eee 2-093
Astro Vencedor Compania Naviera SA of Panama v Mabanaft GmbH (The Dam-
ianos) [1971] 2 Q.B. 588; [1971] 3 W.L.R. 24; [1971] 2 All E.R. 1301; [1971]
P BloydissReps02.s(Lo 71) aPSeSiaZ84KG@iAn (Gin Div) ares canteen 2-068, 2-075
Athletic Union of Constantinople (AEK) v National Basketball Association [2002]
1 All E.R. (Comm) 70; [2002] 1 Lloyd’s Rep. 305, QBD (Comm) ............... 2-016
Atlanska Plovidba v Consignaciones Asturianas SA (The Lapad) [2004] EWHC
1273; [2004] 2 Lloyd’s Rep. 109;
Atlantic Underwriting Agencies Ltd and David Gale (Underwriting) Ltd v Com-
pania di Assicurazione di Milano SpA [1979] 2 Lloyd’s Rep. 240, QBD
(Comm )wds ee sners chee ie RS YA he er ee Aerie: 2-093
Atlas Levante Linie AG y Gesellschaft Fuer Getriedehandel AB (The Phonizien)
LOGO) ME lay distepants 0 @ 1p s(Commn) erro erceeeree nee sessereeeeee ea 2-056
Attorney General of New Zealand v Mobil Oil N2 Ltd [1989] 2 N.Z.L.R. 649 .... 1-037
Aughton Ltd (formerly Aughton Group Ltd) vyMF Kent Services Ltd , 57 B.L.R.
Leo. Cony leRe 60 CAN (Gi Div) eeeee A2-09, 2-046, 2-047, 2-053, 2-056
 Table of Cases XXil

Autothreptic Steam Boiler Co Ltd and Townsend Hook & Co’s Arbitration, Re
Seo ee StU BD 82 ORD eS tas ular svent We hl 6-130, 6-131
Azov Shipping Co v Baltic Shipping Co (No.1) [1999] 1 All E.R. 476; [1999] 1
Lloyd's Rep 68; [1998](C.1.C),1240s-QBD(Gomin) iit. .ccsicsetedeceoneatele 5-064, 8-067
Azov Shipping Co v Baltic Shipping Co (No.2) [1999] 1 All E.R. (Comm.) 716;
p1999), 2 Lioyd’s Rep,.39: [1999] C.L.C. 624, OBDi(Gomm) 4.uectsae 4.ak 8-206
BEA Hotels NV v Bellway LLC [2007] EWHC 1363 (Comm), QBD (Comm) ... 2-112,

BLCT (13096) Ltd v J Sainsbury Ple [2003] EWCA Civ 884; [2004] 1 C.L.C. 24,
(ZOU 2B PS CRs 3: (2003) 147 S| LB Shan. (Gay, Div) nc... 1-039, 8-149
BMBF (No.12) Ltd v Harland & Wolff Shipbuilding & Heavy Industries Ltd
[2001] EWCA Civ 862; [2001] 2 All E.R. (Comm) 385; [2001] 2 Lloyd’s Rep.
DAE NVAUONIMG AUK CONSV25sCr (Cine IDK) gecebn, Aaneaceenpbkdeoseececoadas: 5—087, 6-020, 8-164
BNP Paribas v Deloitte & Touche LLP [2003] EWHC 2874; [2004] 1 Lloyd’s Rep.
233; [2004] 1 C.L.C. 530; [2004] B.L.R. 90; (2003) 153 N.L.J. 1841, QBD
(COTTA) See een Rees ae rs crrenihche hee dich tn anal maa nl Soedh clan c eaten Reese SNE 7-204
Babanaft International Co SA v Avanti Petroleum Inc (The Oltenia); sub nom.
Babanaft International Co SA v Avant Petroleum Inc [1982] 1 W.L.R. 871;
[1982] 3 All E.R. 244; [1982] 2 Lloyd’s Rep. 99; [1982] Com. L.R. 104; [1983]
i Gx @q3655 (O82) 7/9: G:1953 5(1982) 1261s esol GAt(CivalDiv) ea Oa 074s
7-172
Bakwin Eire International Trading Co Inc v Sothebys, November 22, 2005, QBD .... 7-054
Bandwith Shipping Core vy Intaari (A Firm) [2006] jeu 2532, QBD (Comm) . . 4-106,
5-050, 6-082, 8-073, 8 080, 8-085
Bangladesh Chemical Industries Corp v Henry Stephens Shipping Co and Tex-
Bilan Shipping Co (The SLS Everest) [1981] 2 Lloyd’s Rep. 389; [1981] Com.
IDAs dT heeBila OM(Canal ONAN ace irk Ais Ages ciccceiic hae bach Goh otc eas cla napacaeaceee 2-093
Bank Mellat v GAA Development Construction Co Ltd [1988] 2 Lloyd’s Rep. 44;
i rekeHpe) ARIE IRS GLO). (O%E)Be(Graseav
ny) ach: taomoehacs duooosocaqshootibed sposoniecaooddeooooncndoed 6-050
Bank Mellat v Helleniki Techniki SA [1984] Q.B. 291; [1983] 3 W.L.R. 783; [1983]
SAIS Ree 2 8) L983) CometsRe2 735 (L983) seNeee e975 (1983) 127 Sale
OLS OAR (Cig iv: iit eae tend tame etter mt econ ogee aro eis 2-100, 2-102, 5-057
Bankers Trust Co v PT Jakarta International Hotels and Development [1999] 1 All
Re(Conim) S549 99 se Lloydis' Repn 90" @BDi(Comim) leeks eee eee 7-O15
Bares vebraithwaite and iNixonn liso) ible SoiNh SOQk reste ste eectee eee reeere 4064
Baron v Sunderland Corp [1966] 2 Q.B. 56; [1966] 2 W.L.R. 363; [1966] 1 All E.R.
SAR TOPICA GENE colons (Ios) WO etal NWA (GvAN 7A tant cacariita encod adect.Aosbouceeepbetads 2-017
Bay Hotel and Resort Ltd v Cavalier Construction Co Ltd [2001] UKPC 34, PC
AGTCl) becepcpeerst ect atshiante tana oacs oath oactetes ee tee 1-051, 2-061, 2-102, 3-047, 6-029, 6-032
Baytur SA v Finagro Holdings SA [1992] Q.B. 610; [1991] 3 W.L.R. 866; [1991] 4
PNUD Rem 2O S992 ele lovdsaineprel 47m (LOOM) miSomoa) seals”. re (Civ
IBShi) | eae ih reer senor ena nae crear 3-008, 3-017, 3 018, 33-020, 3-031
Beattie viESE Beattie ltd (938) Kehs 708: 1[19333 All ER 2145, GAGS eee ee 2-051
Beaufort Developments (NI) Ltd v Gilbert-Ash (NI) Ltd [1999] 1 A.C. 266; [1998]
2 W.L.R. 860; [1998] 2 All E.R. 778; [1998] N.I. 144; [1998] C.L.C. 830;
(1998) 14 Const. L.J. 280; [1998] E.G. 85 (CS.); (1998) 95(24) L.S.G. 33;
(1998) 95(31) L.S.G. 34; (1998) 148 N.L_J. 869; (1998) 142 S.J.L.B. 172; [1998]
INPGR 3 A998 IN PES ON AEDT NID)) Bese, Se ereee steer asurwee stu tones caved cucesescessscsey 2-085
Becker Sangemtadl Sl) e4 Ma tmte2o 2iieee satatessetieccsat. diansdenn.doacttats sates panereeceeaeearetltn 6-059
Beck Peppiatt Ltd v Norwest Holst Construction Ltd [2003] EWHC 822; [2003]
BARE BIGYOBD (GCG) Heart ers catteacies nec teeuee tretcaene ss tat, esbesetnadee acece eet 5-003
Beegas Nominees Ltd v Decco [2003] EWHC 1891; [2003] 3 E.G.L.R. 25; [2003]
43 E.G. 138; [2003] 33 E.G. 63 (C.S.); (2003) 153 N.L.J. 1271; (2003) 147
S Jeb 1086- [2003 UNCPCp lO 3.CRD fod kt tivate-ctactud adeg.tletleleemetaeen ato 7-167
Belgravia Property Co Ltd v S&R (London) Ltd [2001] C.L.C. 1626; [2001] B.L.R.
4747 (200 sos onsty Le 36, OBI) CU ECC) gia soascernnc-nasacnsadeneenntese 6-182, 7-157
XXIV Table of Cases

Ben Barrett & Son (Brickwork) Ltd vy Henry Boot Management Ltd [1995]
Tes 1451026, QB) (OR) tach. AA Aiaadeoe ne coe tee 2-047, 2-053, A2-009
Ben Line Steamers Ltd vy Compagnie Optorg of Saigon (1936) 42 Com. CAs. 113 .... 8-168
Benaim (UK) Ltd v Davies Middleton & Davies Ltd (No.2) [2005] EWHC 1370
(TEE) 102eGon ER OBD(iGG) Ranma. » 5-042, 5-052, 6-083, 6-170, 7-119
Benvenutl i Bontantev, Gomeou(hnrance)mesesree cases: hte steno seer eee one 8050
Berkshire Senior Citizens Housing Association y McCarthy E Fitt Ltd; Berkshire
Senior Citizens Housing Association vy National Westminster Bank Ltd (Trus-
tees of the Estate of Anthony Cripps, Deceased), 15 B.L.R. 27, CA (Civ
BRYA) EASe hac acanwisnaiseened Maced te Morse aa ee ceca gag aa ee ae atta denn 7-048
Bernuth Lines Ltd v High Seas Shipping Ltd (The Eastern Navigator) [2005]
EWHC 3020; [2006] 1 All E.R. (Comm) 359; [2006] 1 Lloyd’s Rep. 537; [2006]
1 C_L.C. 403; [2006] C.I.L.L. 2343; (2006) 156 N.L_J. 64, QBD (Comm) ... 5-023,
5-029, 5-107, 7-148, 7-151, 8-053, 8-079
Best Beat Ltd v Rossall [2006] EWHC 1494; [2006] B.P.L.R. 1357; [2006] C.I.L.L.
DSA opCNM) oyceed bee new ecient eae oe eee 7-039
Bevan Ashford v Geoff Yeandle (Contractors) Ltd (In Liquidation) [1999] Ch. 239;
[1998] 3 W.L.R. 172; [1998] 3 All E.R. 238; 59 Con. L.R. 1; [1998] 2 Costs
L.R. 15; (1998) 95(16) L.S.G. 27; (1998) 148 N.L.J. 587; (1998) 142 S.J.L.B.
fla 99 SiN PG 692 Chylmts£ caVet Cee ee Pago eh Pe ee Lene... 6-131
Birse Construction Ltd v St David Ltd (No.1) [2000] B.L.R. 57; 70 Con. L.R. 10,
GAA (Gig Diy) Me Fe oe ret, res a er ee ee 2-054, 7-025, 7-036
Birtley & District Cooperative Society Ltd v Windy Nook and District Industrial
Cooperative Society Ltd (No.1) [1959] 1 W.L.R. 142; [1959] 1 All E.R. 43;
(LOS) SO3eS Jali 2eOBD, sxe eciicks coe aera ees ree ee 8016
Birtley & District Cooperative Society Ltd y Windy Nook and District Industrial
Cooperative Society Ltd (No.2) [1960] 2 Q.B. 1; [1959] 2 W.L.R. 415; [1959]
1 AMIE RE 435) [959) SA EARS 62891959) al03 Sue 240 NOB Des = see 8-018
Bisichi Mining Ltd v Bass Holdings Ltd [2002] EWHC 375; [2002] L. & TR. 30;
[2002] 2 E.G.L.R. 4; [2002] 18 E.G. 159; [2002] 9 E.G. 218 (C.S.), Ch D... 1-015,

Bjornstad, Re; sub nom. Ouse Shipping Co Ltd, Re [1924] 2 K.B. 673; (1924) 19
TL MES RED BIEL GA nacitn eek Eercobatals le ust enn tert. cme bel OS 25 ve} Shaee BP 7-104
Black Clawson International Ltd v Papierwerke Waldhof-Aschaffenburg AG [1981]
2 Lloyd’s Rep. 446; [1981] Com. L.R. 61, QBD (Comm) ....... 2-095, 2-097, 2-099,
2-103
Blackpool BC v F Parkinson Ltd, 58 B.L.R. 85; (1993) 9 Const. LJ. 29.0... 5-023
Blanchard:v Sum Wire: Office (1890), 6 La BRi865. ..cadiat..t. nde cued. hende 4-149
Bland v Russian Bank for Foreign Trade (1906) 11 Com. Cas. 71 .......cccccccceeeeeeee 6-072
Blue Horizon Shipping Co SA vy ED&F Man Ltd (The Aghios Nicolaos) [1980] 1
Lloyd's: Rep ay, all (Cavin) kee he tigek dt JOON OC eA, 6-138
Bolam v Friern Hospital Management Committee [1957] 1 W.L.R. 582; [1957] 2 All
E.Rogl 1S; (1955-95) PN VLAREW; (1957): 10S. Sb7AOBDK. Baker Aa x 4-155
Borgship Tankers Inc v Product Transport Corp Ltd (The Casco) 2005] EWHC
273; [2005] 1 Lloyd’s Rep. 565; [2005] 1 C.L.C. 232, QBD (Comm) ........... 7-070
Bottigliert di Navigazione SpA v Cosco Qingdao Ocean Shipping Co (The Bunga
Saga Lima) [2005] EWHC 244; [2005] 2 Lloyd’s Rep. 1, QBD (Comm) ...... 6-032,
8-083, 8-095, 8-139
Boulos Gad Tourism & Hotels Ltd v Uniground Shipping Co Ltd [2001] W.L.
16769097 QB (Gorm) Ve. has ket eee ete, See Se 5-108, 8-125
Bourgoin SA v Ministry of Agriculture, Fisheries and Food [1986] Q.B. 716; [1985]
3 W.L.R. 1027; [1985] 3 All E.R. 585; [1986] 1 C.M.L.R. 267; (1985) 82
Tesi. S435, CA (Cine Div) ORS. ete dhl tuto EA, PEE ARR a 4-154
raashaw wea Council ||1926)]:Ghis3295 Chip meeeene eee ketene 6-157
Brandeis Brokers Ltd v Black [2001] 2 All E.R. (Comm) 980; [2001] 2 Lloyd’s Rep.
SSOP QB (Comith): 4.dhsiscsiscwtesinakedce
te tere ee eee 4080, 8-151, 8-205
 Table of Cases XXV

Brandeis Intsel Ltd v Calabrain Chemicals Co, 656 F Supp. 1600 .......ccccccccccceeeeee 1-037
Breakbulk Marine v Dateline, unreported, March 19, 1992 .o..0..ccccccccccccccseceeeseeeees A2-065
Bremer Handelsgesellschaft mbH v Westzucker GmbH (No.2); sub nom. Bunge
GmbH v Westzucker GmbH [1981] 2 Lloyd’s Rep. 130; [1981] Com. L.R.
17S (IVAW Pen Sree oy een I MEM. SUE 6-032, 6-062
Bremer Oeltransport GmbH v Drewry [1933] 1 K.B. 753; (1933) 45 LI. L. Rep.
ITSiehlGils ales esate Seiersebaaemethn Ahead tc ner lite ad Fao 6-162, 6-163, 8-015, 8-018
Bremer Vulkan Schiffoau und Maschinenfabrik vy South India Shipping Corp Ltd;
Gregg v Raytheon; sub nom. Bremer Vulcan Schiffbau und Maschinenfabrik
v South India Shipping Corp [1981] A.C. 909; [1981] 2 W.L.R. 141; [1981] 2
All E.R. 289; [1981] 1 Lloyd’s Rep. 253; [1981] Com. L.R. 19; [1981] E.C.C.
151; (1981) 125 SJ. 114, HL .... 1-050, 2-008, 2-047, 2-099, 5-094, 5-224, 5-229,
7-003, 7-056, 8-162
Brightside Kilpatrick Engineering Services v Mitchell Construction (1973) Ltd
(a rolb2olelovdiswRepe49 3g street sn cocan, case ator vee be acc pdacct Mt canes beet 2-053
Bristol Airport Ple v Powdrill; sub nom. Paramount Airways Ltd (No.1), Re [1990]
Ch. 744; [1990] 2 W.L.R. 1362; [1990] 2 All E.R. 493; [1990] B.C.C. 130;
SEO WBC aC, sets UN) Loi) ILS WG, EE Cre (City IDIK)) aes aethoen heen 3-032
British Aviation Insurance Co Ltd, Re [2005] EWHC 1621; [2006] B.C.C. 14,
[2000] sla -Gak-G2 6658. GhsDi(Companiess(Ch) hee. eer nee ee 2-028
British Gas Ple v Dollar Land Holdings Ple [1992] 1 E.G.L.R. 135; [1992] 12 E.G.
ACOs) Sean Peete tats ce cA desee te EteM ot, ence Ame METRES capaci bons pwtceeunssuaiowe 8-155
BP Chemicals Ltd vy Kingdom Engineering (Fife) Ltd [1994] 2 Lloyd’s Rep. 373;
OOS BHERY 113538, Cons LRs 14: (1994) 10 Const J.116,QBD) (OR) re: 6-033,
6-122
Brooke v Mitchell (1840) 6 M. & W. 473; (1840) 9 L.J. Ex. 269 ..... 6-053, 6-065, 6-066
Brown v Llandovery Terra Cotta and Co Ltd (1909) 25 T.L.R. 625 .......... 4-052, 4-054
Browne Vawsern (USO) AStoo G4 ince, eet ostatscsmean noc aceronstes cecee acerca atte none ee 6-068
Brownjandi(Groydon CanaltCowRen (339) 90h. Sab 522 8 ee O1B 9 20a eee 6-086
Bruns v Colocotronis (The Vasso) [1979] 2 Lloyd’s Rep. 412, QBD (Comm) ...... 3-015
Bulfracht (Cyprus) Ltd vy Boneset Shipping Co Ltd (The Pamphilos) [2002]
EWHC 2292; [2002] 2 Lloyd’s Rep. 681, QBD (Comm) ........ 5-050, 5-051, 5-052,
6-082, 8-072, 8-080, 8-114, 8-149
Bulk Oil (Zug) AG vy Trans Asiatic Oil Ltd SA [1973] 1 Lloyd’s Rep. 129, QBD ...... 7-048
Bulk Trading SA v Moeller [2006] EWCA Civ 1294; [2007] 1 Lloyd’s Rep. 61, CA
(Gy DI eee crc cee cesemts nectar eae done eae tou ee ae las Peers Sea 6-090
Bulk Transport Corp v Sissy Steamship Co Ltd (The Archipelagos and The Delfi);
sub nom. Bulk Transport Corp v Ifled Shipping Corp [1979] 2 Lloyd’s Rep.
289% OBI (Comin) peace eee cea hoc eases anche eee ucaens e eee 6-065, 6-066
Bumbesti, The; sub nom. SC Rolinay Sea Star Srl vyOwners of the Bumbesti; SC
Rolinay Sea Star Srl y Compania de Navigatie Maritimie Petromin SA (The
Bumbesti) [2000] Q.B. 559; [2000] 2 W.L.R. 533; [2000] 2 AIL E.R. 692; [1999]
2 All E.R. (Comm) 187; [1999] 2 Lloyd’s Rep. 481; [1999] C.L.C. 1413; (1999)
96(28) 1S: Ge25> (999) 1430S JA Bs 189s OBD CAdinlliy) essa rsserpeee- cers 6-180
Bunge SA v Kruse (No.2) [1980] 2 Lloyd’s Rep. 142, CA (Civ Div) .................. 4-032
Bureau Wijsmuller NV v Owners ofthe Tojo Maru (No.2); sub nom. Owners ofthe
Motor Vessel Tojo Maru v NV Bureau Wijsmuller (The Tojo Maru) [1972]
A.C. 242; [1971] 2 W.L.R. 970; [1971] 1 All E.R. 1110; [1971] 1 Lloyd’s Rep.
SHARE TOIT yeaWSIS WeSP4byt aUEM ante cconceaa acca adiee sesame eee cococanbserbr cbneSo.10odBeboaschoccmse 2-041
Burnardiye Watnwnieht (850) MOR Ose 42308 se. .e2 ct. -ce sie raeseeae ns eee e-areserel tere 8-167
Buttes Gas & Oil Co v Hammer (No.3); Occidental Petroleum Corp v Buttes Gas
& Oil Co (No.2) [1982] A.C. 888; [1981] 3 W.L.R. 787; [1981] 3 All E.R. 616;
PISS Conn, TARAS TIS) 25S JocMIGy TA. cissunccncenetundeonoaesarscrastasedeest 8-052
XXV1 Table of Cases

Cv D [2007] EWHC 1541 (Comm), QBD (Comm) ... 2-060, 2-089, 2-095, 2-096, 2-097,
2-099, 2-101, 2-106, 5-057, 5-072, 6-008, 6-052, 6-166, 6-176,
7-010, 7-011, 7-013, 7-014, 7-015, 7-018, 8-018, 8-041, 8-051,
8-205
CA Venezolana de Navegacion v Bank Line (The Roachbank) [1988] 2 Lloyd’s Rep.
3376 GAN (Give lin westate. aa aeetae ere cae etre aa eat tee ere neta 8-160
CGU International Insurance Plc vy AstraZeneca Insurance Co Ltd [2005] EWHC
2755; [2006] 1 C.L.C. 162; [2006] Lloyd’s Rep. I.R. 409, QBD (Comm) ..... 2-092,
8-128, 8-159
CGU International Insurance Plc vy AstraZeneca Insurance Co Ltd (Permission to
Appeal); sub nom. AstraZeneca Insurance Co Ltd v CGU International
Insurance Plc (Permission to Appeal) [2006] EWCA Civ 1340; [2007] Bus.
L.R. 162; [2007] 1 All E.R. (Comm) 501; [2007] 1 Lloyd’s Rep. 142; [2007]
C.P. Rep. 4; [2006] 2 C.L.C. 441; [2006] H.R.L.R. 43, CA (Civ Diy) .... 7-005, 7-201,
7-201, 8-118
CIB Properties Ltd v Birse Construction Ltd [2004] EWHC 2365 (TCC); [2005]
LE NM Md e225725ol PAOLO flBilLag]RelShs Bale (AN GG) eeoetasaineertaecaeoasald acne he 5—003
CM Van Sullevoldt BY v El Carriers Inc Whe Vimes; July 8, 1982 7.7.0... 2-098
CMA CGM SA vy Beteiligungs KG MS Northern Pioneer Schiffahrtsgesellschaft
mbH & Co [2002] EWCA Civ 1878; [2003] 1 W.L.R. 1015; [2003] 3 All E.R.
330; [2003] 1 All E.R. (Comm) 204; [2003] 1 Lloyd’s Rep. 212; [2003] 1 C.L.C.
141; (2003) 100(9) L.S.G. 28, CA (Civ Div) .... 8-132, 8-134, 8-136, 8-138, 8-142,
8-146, 8-147, 8-152, 8-155
CT Cogstad & Co (The SS Lord) v H Newsum Sons & Co Ltd; sub nom.
Arbitration between Cogstad & Co and H Newsum Sons & Co Ltd, Re [1921]
BINKGS SYA (OPA eh Able Me TNCsoy SIS) BU arse Se case tee ae emake ns edo esee ae 6-078
Calderbank v Calderbank [1976] Fam. 93; [1975] 3 W.L.R. 586; [1975] 3 All E.R.
863(1975) i>) Fanelbaw 1901975) MlLS a9Om Gla (Give Diy) irercotettereec.8 6-158
G@alvente Sa Coranda Wyler Re (S99) ilOG ee le e2SSie setn eee ee eee ee eee es 6-166
Cameroon Airlines v Transnet Ltd [2004] EWHC 1829 (Comm); [2006] T-C.L.R.
FP OBIS (Com) ety en eee ce. eee eee eee 5-050, 6-098, 8-080, 8-082, 8-121
Capital Trust Investments Ltd v Radio Design TJ AB; sub nom. Capital Trusts
Investments Ltd v Radio Design TJ AB [2002] EWCA Civ 135; [2002] 2 All
E.R. 159; [2002] 1 All E.R. (Comm) 514; [2002] C.L.C. 787, CA (Civ Div) ..... 2-070,
2-078, 7-043
Capricorn Inks Pty Ltd v Lawter International (Australia) Pty Ltd [1989] 1 Q.B.
ee, Mee eee eM ee eM Ow Renae cha eee cubaway aeebar cere ec utc ceseocene te CaRee es 2-029
Garsey ve itChesomm (S25) ean ComeO talon (OLS) NGI @2a. eee eee c eee 6-072
Cargill International SA Antigua (Geneva Branch) v Sociedad Iberica de Moltura-
cion SA; Sociedad Iberica de Molturacion SA v Cargill International SA;
SIMSA vy Cargill International SA [1998] 1 Lloyd’s Rep. 489; [1998] C.L.C.
231; (1998) 95(4) L.S.G. 33; (1998) 142 S.J.L.B. 34, CA (Civ Diy) .... 6-029, 6-049
Cargill SRL (Milan) (formerly Cargill SpA) v P Kadinopoulos SA [1992] 1 Lloyd’s
ROD CSL eck net erate nee eet neee an cen komt react een nieh Meee Ree nee Ro Reman 6-003
Carillion Construction Ltd y Devonport Royal Dockyard Ltd [2005] EWCA Civ
1358; [2006] B.L.R. 15; 104 Con. L.R. 1; (2005) 102(47) L.S.G. 26, CA (Civ
1D Derren ee RR cate ne pec nani pecs nactodocc echt RN te ccdelyarasachtimrcendacioe 2-033
Carillion Construction Ltd vy Devonport Royal Dockyard Ltd [2003] B.L.R. 79;
(2003) GM R. oF OB (GE) tet Re tea tte 2-040, 2-041, 5-004
Carlisle Place Investments Ltd vy Wimpey Construction (UK) Ltd, [1980] 15
BUG IR. OOS QBID WS fiscccates afisassi hh ance eee Soe a ETE CEE eae 5-094
Carmel Exporters & Importers Ltd y HE Daniels Ltd (No.2); sub nom. HE
Daniels Ltd v Carmel Exporters & Importers Ltd [1953] 2 Q.B. 242; [1953]
3 W.L.R. 216; [1953] 3 All E.R. 401; [1953] 2 Lloyd’s Rep. 103; (1953) 97 SJ.
ATS QUBIDY ia cesas oesnaisesicas aida kha ea ME EE RR eee ne 6-177
 Table of Cases XXVIl

Carter (t/a Michael Carter Partnership) v Harold Simpson Associates (Architects)

Ltd [2004] UKPC 29; [2005] 1 W.L.R. 919; [2004] 2 Lloyd’s Rep. 512; [2004]
2 C.L.C. 1053; (2004) 101(27) L.S.G. 29; (2004) 148 S.J.L.B. 759, PC (Jam) .... 8-163
Carus-Wilson and Greene’s Arbitration, Re (1887) L.R. 18 Q.B.D. 7, CA... 2-028
Casco, The. See Borgship Tankers Inc v Product Transport Corp Ltd (The
Casco)
Cathiship SA v Allanasons Ltd (The Catherine Helen) [1998] 3 All E.R. 714;
[1998] 2 Lloyd’s Rep. 511; [1998] C.L.C. 1310, QBD (Comm) .......... 5-015, 7-069
Celtic Resources Holdings vy Arduina Holding BV [2006] EWHC 2553 (Comm),
OB (Gomi) wees, ee A RM et Ree RR IS Rts Soe Lee 7-185
Cetelem SA v Roust Holdings Ltd [2005] EWCA Civ 618; [2005] 1 W.L.R. 3555;
[2005] 4 All E.R. 52; [2005] 2 All E.R. (Comm) 203; [2005] 2 Lloyd’s Rep. 494;
[2005] Gale:CP 8214 CAN (Givs Div) ee 1-053, 7-002, 7-005, 7-018, 7-059, 7-179,
7-182, 7-188, 7-189, 7-190, 7-193, 7-194, 7-195, 7-196, 7-201,
8-116, 8-157
Cetelem SA v Roust Holdings Ltd (Application for Further Freezing Order) [2005]
EVEL OUR OBE) 0k ett eceet th Lopieemie Gon cin, MEURRESE Sn Je we Se eee ee 5-075
Ceval Alimentos SA vy Agrimpex Trading Co Ltd (No.1) [1995] 2 Lloyd’s Rep. 380,
OBD (Comm): tietc were s tetera meet eet ae a: area esac tnat ee ee ee 5-049
Ceylon v Chandris [1963] 2 Q.B. 327; [1963] 2 W.L.R. 1097; [1963] 2 All E.R. 1;
[1963] 1 Lloyd’s Rep. 214; (1963) 107 S.J. 316, QBD (Comm) ... 5-049, 6-129, 6-132,
6-151
Chaim Kohn v Sheva Wagschal & Others [2006] W.L. 3854048 0000... 8005
Ghambersiy, Goldthorpe= Restelliv Nye 190M IO IBS 6245 CAV, cereus speeanee. 2-029
Chandris v Isbrandtsen Moller Co Inc [1951] 1 K.B. 240; [1950] 2 All E.R. 618;
(1950) 84 LI. L. Rep. 347; 66 T.L-R. (Pt. 2) 358; (1950) 94 S.J. 534, CA .... 6-112
Channel Island Ferries Ltd v Cenargo Navigation Ltd (The Rozel) [1994] 2 Lloyd’s
Repmloles W994i tGeh7 Gales «Ors>) (Comm) Ree eee 6-136, 6-138, 6-144
Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd; France Manche
SA y Balfour Beatty Construction Ltd [1993] A.C. 334; [1993] 2 W.L.R. 262;
[1993] 1 All E.R. 664; [1993] 1 Lloyd’s Rep. 291; [1993] I.L.Pr. 607; (1993) 137
S.J.L.B. 36; [1993] N.P.C. 8, HL .. 1-050, 2-036, 2-095, 2-100, 7-041, 7-055, 7-189,
A2-012
@happellvaN onthe (SOU PION e252 BD) @ ener cea trees pees aeennen terete sree 7-043
Charles M Willie & Co (Shipping) Ltd v Ocean Laser Shipping Ltd (The Smaro);
George Roussos Sons SA v Charles M Willie & Co (Shipping) Ltd [1999] 1
Lloyd’s Rep. 225; [1999] C.L.C. 301, QBD (Comm) .. 3-018, 3-021, 5-022, 6-002,
6-176, 7-002
Checkpoint Ltd v Strathclyde Pension Fund [2003] EWCA Civ 84; [2003]
lee Sea). Rew2242008)] ees Gabe Rana 2008) sakeGa 1243 (2003i|Fss be Gal2s
(C.S.); (2003) 100(12) L.S.G. 29; (2003) 147 SJ.L.B. 233; [2003] N.P.C. 23,
CAN(Giy Div) hee 5-052, 5-099, 6-030, 6-032, 6-075, 6-076, 6-079, 6-083, 8-081,
8093
Chimimport Plc v G D’Alesio SAS (The Paula D’Alesio) [1994] 2 Lloyd’s Rep.
866 OOF GilaCF 4599 OB (Commies eee es 2-076, 2-078, 5-228 6-027
China Agribusiness Development Corp v Balli Trading [1998] 2 Lloyd’s Rep. 76;
997]: Cale CO1437 OB Da(Comm) i.ee.se eects sees ee eats ene tacte reee 5-093
Christopher Brown Ltd v Genossenschaft Oesterreichischer Waldbesitzer Holz-
wirtschaftsbetriebe GessmbH [1954] 1 Q.B. 8; [1953] 3 W.L.R. 689; [1953] 2
All E.R. 1039; [1953] 2 Lloyd’s Rep. 373; (1953) 97 SJ. 744, QBD .. 4-071, 8-015,
A2-031
Cia Maritima Zorroza SA v Sesostris SAE (The Marques de Bolarque) [1984] 1
Lloyd's: Rep652,{Q BD! (Gong) tits Naess teint Shad 2-016, 2-073, 2-097
Cigna Life Insurance Co of Europe SA NV v Intercaser SA de Seguros y
Reaseguros [2002] 1 All E.R. (Comm) 235; [2001] C.L.C. 1356; [2001] Lloyd’s
Rep tae.28216GBD (Comm ig mecetnnendeutetea- Muaersencesese 2-012, 2-047, 2-055, 7-028
XXVill Table of Cases

City & General (Holborn) Ltd vyAYH Ple [2005] EWHC 2494; [2006] B.L.R. 55,
QBDMUICG I. 2h. RAE SRR eee cae toe reece oe 3-045, 7-096, 7-098, 7-1167
Gityiof Galouttas Phe (1898): 79k SLT RAR oct ence ak reeset ea eertatee semen 3-023
Claire & Co Ltd v Thames Water Utilities Ltd [2005] EWHC 1022; [2005] B.L.R.
S66N ORI RE) A seein’... tk ae RE A Re 8—085, 8-108
Clegg v Dearden. (1848) 12.0.8, 576.17-L.J.O.Be 223. ccvsctvsscsestrasnscecennereeteattoeee 6-178
Clements vyLondon & North Western Railway Co [1894] 2 Q.B. 482, CA .......... 3-005
Coal Authority v Trustees of the Nostell Trust [2005] EWHC 154, QBD (TCC) ..... 8-141
Coastal States Trading (UK) Ltd v Mebro. Mineraloelhandelsgesellschaft GmbH
[1986] eloyd?s Repi465» QBD) (Comm) tee ee ee See 6-123, 8-018
Cobelfret NV v Cyclades Shipping Co Ltd (The Linardos) [1994] 1 Lloyd’s Rep.
PASS OURO (Gri TLY ieee arcane acca rin eer Seaton ttre eh cpt 5 haan rancid 6-085
Gocksew Macclestield (1562):2-Dyer 20" b"Bentoeo sie car.n centenntcntesecncee esee 6-048
Cohen v Baram [1994] 2 Lloyd’s Rep. 138; [1994] 13 E.G. 111, CA (Civ Diy) .... 6-140
Golhins-va Gallinsxul G56) On eave 6 Oi ce cesecee: ere cee cerca ee eer eae 1-008, 2-029
Galiinsew POweH Cl Sone) oR 700 yore ees ot ecee meter rennet hc cccer rere aer eee ene ae 6-178
Collins (Contractors) Ltd vy Baltic Quay Management (1994) Ltd [2004] EWCA
Civ 1757; [2005] B.L.R. 63; [2005] T-C.L.R. 3; 99 Con. L.R. 1; (2005) 102(5)
IporkGee’ oye aha( a1 DVai0 Weta te a ae PM in gh ne eae > 2S a. 5—003
Coltman Precast Concrete Ltd y W&J Simons (Contractors) Ltd, 35 Con. L.R.
UW27Rak0)84 ff(O39 ie ee Se ae eS ae ne re ee te ee ell 2-054, 7-048
Comdel Commodities Ltd v Siporex Trade SA (No.2) [1991] 1 A.C. 148; [1990] 3
W.L.R. 1; [1990] 2 All E.R. 552; [1990] 2 Lloyd’s Rep. 207; (1990) 140 N.L_J.
pope glUME) Ped822 BAS)(a 92 hal& 8 aia, rea ea Th LI EE 7-076
Commerce & Industry Insurance Co (Canada) vy Lloyd’s Underwriters; sub nom.
Viking Insurance Co v Rossdale [2002] 1 W.L.R. 1323; [2002] 2 All E.R.
(Comm) 204; [2002] 1 Lloyd’s Rep. 219; [2002] C.L.C. 26, QBD (Comm) .. 7-183,
7-191
Commission for the New Towns v Crudens (1995) C.I.L.L. 1035 ......................./ A2-016
Commonwealth of Australia y Cockatoo Dockyard Pty Ltd (1995) 36 N.S.W.L.R.
GOD 6: eRe LS sucles tes ten le asiber pha gk mR AT ee Rs Be 42-001
Compagnie d’Armement Maritime SA vyCompagnie Tunisienne de Navigation SA.
See Compagnie Tunisienne de Navigation SA y Compagnie d’Armement
Maritime SA
Compagnie Financiere pour le Commerce Exterieur SA y OY Vehna AB [1963] 2
Lloydis Rep 78.) BID (Gomi) ao eee are. c.5 ace ee Re eK oa ne 6-087
Compagnie Francaise d’Importation et de Distribution SA y Deutsche Conti-
Handels GmbH [1985] 2 Lloyd’s Rep. 592, QBD (Comm) ..............60:::008
Compagnie Graniere SA vy Fritz Kopp AG [1980] 1 Lloyd’s Rep. 463, CA (Civ
DDNg) Brion eR Oe Rees, Ge ee eon ee ROR, <a 6-177, 6-179
Compagnie Nouvelle France Navigation SA y Compagnie Navale Afrique du Nord
(The Oranie and The Tunisie) [1966] 1 Lloyd’s Rep. 477; 116 N.L.J. 948,
CSA ge Rd ERS RR ee 7-058, 7-059, 7-060, 7-064
Compagnie Tunisienne de Navigation SA vyCompagnie d’Armement Maritime SA;
sub nom. Compagnie d’Armement Maritime SA vy Compagnie Tunisienne de
Navigation SA [1971] A.C. 572; [1970] 3 W.L.R. 389; [1970] 3 All E.R. 71;
[1970] 2 Lloyd’s Rep. 99; (1970) (1970) 114 SJ. 618, HL .......... 2-093, 5-057
Compania Naviera Micro SA v Shipley International Inc (The Parouth) [1982] 2
Ikloyd's Reprod GAT (Cay Diy) ssnch.cd Ss da Meteeoek EAR Ee 2-093
Comsite Projects Ltd v Andritz AG [2003] EWHC 958; (2004) 20 Const. L.J. 24,
QBDIGNCE) ee dS is crete neat teh OX SA Serre A eee 2-034, 7-051
Conder Structures v Kvaerner Construction Ltd [1999] A-D.R.LJ. 305 ....0........ 8-106
Conquer v Boots [1928 | eK Bes36eK BD PA. 2:5. cee Ae ee ee ee 6-179
Construction Centre Group Ltd v Highland Council, 2003 S.C. 464; 2003 S.L.T.
623; 2003 G.W.D. 13-399, IH (Ex Div)
 Table of Cases XXIX

Continental Bank NA v Aeakos Compania Naviera SA [1994] 1 W.L.R. 588; [1994]

2 AIL E.R. 540; [1994] 1 Lloyd’s Rep. 505; [1994] I.L.Pr. 413, CA (Civ Div) ..... 7-015
Continental Enterprises Ltd vy Shandong Zhucheng Foreign Trade Group Co
(ZOOSK EWHE92s OBDN(Gomin) Aah Be act etic ne, 3-002, 8-030
Continental Grain Co v China Pateroleum Technology & Development Corp,
unjeporteds December 44199 8s ete eeepc. A Ae een ee 4-017, 7-114
Goopersshutileworthi(1856)R25ele |eHalse ee wee et) ee ee ee 4-145
Cooperative Wholesale Society Ltd v Saunders & Taylor Ltd, 39 Con. L.R. 77;
(1995) PLE @onst aR ilS 5OB) aces ene ee 2-047, 2-053
Cooperative Wholesale Society Ltd (t/a CWS Engineering Group) v Birse Con-
struction Ltd (formerly Peter Birse Ltd); sub nom. Birse Construction Ltd
(formerly Peter Birse Ltd) v Cooperative Wholesale Society Ltd (t/a CWS
Engineering Group) [1997] C.L.C. 1290; (1997) 94(29) L.S.G. 29, CA (Civ
Div att. SARE eon tl et. lt meer om teal aed, Sao A Recess 6-184
CopewvaGope (S85) R52 s1s ERGOT rea eect eoeteeavne: a toneese sas dnaec ae eR ane Meh ee 2-008
Coppee Lavalin SA NV vy Ken-Ren Chemicals & Fertilisers Ltd (In Liquidation in
Kenya); Voest-Alpine AG v Ken-Ren Chemicals & Fertilisers (In Liquidation
in Kenya) [1995] 1 A.C. 38; [1994] 2 W.L.R. 631; [1994] 2 All E.R. 449; [1994]
2 Lloyd’s Rep. 109; [1994] C.L.C. 467; (1994) 91(23) L.S.G. 27; (1994) 144
INFIEAL (ste (IEEE) Nexencr HEIs peMl0Se WWE Arora 5-079, 5-089, 5-103, 7-006, 7-207,
A2-041
Cosemar SA v Marimarna Shipping Co (The Mathew) [1990] 2 Lloyd’s Rep. 323,
OB! (Gommi)yt oe Ae eds one. eee, hee ees 6-082, 8-125, 8-163
CormUIe LidwahEsbarberaltdyl 1997 |erAll EeRess40) OBIS... rcs eee 2-029
Corte Gx(EIKYR setae Stet irc ere et Aes ar dadest Volz cetera Weer 6-176
Courtney & Fairbairn Ltd v Tolaini Brothers (Hotels) Ltd; sub nom. Courtney &
Fairburn v Tolaini Bros (Hotels) [1975] 1 W.L.R. 297; [1975] 1 All E.R. 716;
C1974 dl OSS) RS4eiCA Ss(Cave Dix: penrceden cal Fann. ated ct evenxeztc. Att aes 2-036
Covington Marine Corp v Xiamen Shipbuilding Industry Co Ltd [2005] EWHC
2912; [2006] 1 Lloyd’s Rep. 745; [2006] 1 C.L.C. 624, QBD (Comm) ... 8-125, 8-127,
8-163
Crane y Hegeman Harris Co Inc [1939] 4 All E.R. 68, CA ......00.... 2-078, 6-114, 6-177
GravenayeGravemt (Sle) Pela GAA serene ae eee Rect ee ease che knee eee 6-086
Cremer vy Samanta and Samanta [1968] 1 Lloyd’s Rep. 156, QBD (Comm) ......... 6-091
Crown Estate Commissioners v John Mowlem & Co Ltd, [1994] 70 B.L.R. 1; 40
Conml Rs 61994) MO i@onstelea| ass GAL (Civaliw)eaeree ee eee. ee 7-073
Cruden Construction Ltd vyCommission for the New Towns [1995] 2 Lloyd’s Rep.
S200) ataas Ach ee ee asaaenrh e Penncar eee cad Orca A Otean nan pA Ape 5-004, 5-025
Cuflet Chartering v Carousel Shipping Co Ltd [2001] 1 All E.R. (Comm) 398;
(2001 salbloydsuRep e707. OB WA(Eomin) ieaectee setteevaesenceeeon hss 8099, 8-100
Curacao Trading Co BV v J Harkisandas & Co [1992] 2 Lloyd’s Rep. 186, QBD
(Gomi) ae ie Bes ee) eee EAR Eso e 8003, 8-006
Czarnikow Ltd v Roth Schmidt & Co [1922] 2 K.B. 478; (1922) 12 LI. L. Rep. 195,
(CAL A Arty See, a OE BE Ee EC SE oe 1-054
Czech RepubliciyaG Mn pen. ereentetts. cee tics Nok sttaneedies acta tnee sate oe nskelanmtues 8-052
D (Minors) (Adoption Reports: Confidentiality), Re [1996] A.C. 593; [1995] 3
W.L.R. 483; [1995] 4 All E.R. 385; [1995] 2 EL.R. 687; [1996] 1 ECR. 205;
E996] Pann aw Si 1995 ais INNOYY L6d2 ako Ee ae A2-001
DDT Trucks of North America Ltd y DDT Holdings Ltd [2007] EWHC 1542
(Comm), QBD (Comm)2-009, ow... eee 8-099, 8-114, 8-134, 8-168, 8-215
DSV Silo und Verwaltungsgesellschaft mbH v Owners of the Sennar (The Sennar)
(No.2) [1985] 1 W.L.R. 490; [1985] 2 All E.R. 104; [1985] 1 Lloyd’s Rep. 521;
(1985) 82 L.S.G. 1863; (1985) 135 N.LJ. 316; (1985) 129 S.J. 248, HL ....... 6-003
Dadourian Group International Inc v Simms [2006] EWCA Civ 399; [2006] 1
W.L.R. 2499; [2006] 3 All E.R. 48; [2006] 1 All E.R. (Comm) 709; [2006] 2
Lloyd’s Rep. 354; [2006] C.P. Rep. 31; [2006] 1 C.L.C. 744, CA (Civ Diy) ....... 7-195
XXX Table of Cases

Dalmia Cement Ltd v National Bank of Pakistan [1975] Q.B. 9; [1974] 3 W.L.R.
138; [1974] 3 AIL E.R. 189; [1974] 2 Lloyd’s Rep. 98; (1973) 118 S.J. 515, QBD
(Conn) gsc Mee ee Pernt renin. srseh eee oe. Bet tae 8-003, 8-020, 8-047
Dalmia Dairy Industries v National Bank of Pakistan [1978] 2 Lloyd’s Rep. 223;
COTA VEST AA2 ECA 9(Civ i) besees.. tense ee ns Sah dees ee 2-097, 2- 106, 8-018
Damon Compania Naviera SA vy EAL Europe Africka Line (The Nicki R) [1984]
2 Lloyd's Rep, Wi86; (1984) 134. Nu). 499% OBD (Comm) eee s eee esse 8-155
Damond Lock Grabowski v Laing Investments (Bracknell) Ltd, 60 B.L.R. 112,
(OUR)DU Be ee ce ener eee ee ee eee ae eee ees ke 5-045, 7-056, 7-121, 7-125
Dardana Ltd v Yukos Oil Co (No.1); sub nom. Petroalliance Services Co Ltd v
Yukos Oil Co; Yukos Oil Co vy Dardana Ltd [2002] EWCA Civ 543; [2002] 1
AILE.R. (Comm) 819; [2002] 2 Lloyd’s Rep. 326; [2002] C.L.C. 1120, CA (Civ
IBN) Me,As otic oireAn Sette ode erica ton nche Mack otnt Pe ncGO nD er eran ene are meer 8-024, 8-028, 8-046
Daval Aciers D’Usinor et de Sacilor vyArmare Srl (The Nerarno) [1996] 1 Lloyd’s
Repoteling VAT (GIN geI) 0.) ovarreexact ssa ce arem neterne one ere ae ee eae 2-027, 2-056, 2-057
David ‘Taylor & Son v Barnett Trading Co [1953] 1 W.L.R. 562; [1953] 1 All E.R.
S43 aOSS iPlE ploy disney amlidiles(@L953) 7k Salee22 On GA pee eee neeee 4-142, 8-163
David Wilson Homes Ltd v Survey Services Ltd (In Liquidation) [2001] EWCA
Civ 34; [2001] 1 All E.R. (Comm) 449; [2001] B.L.R. 267; (2001) 3 T.C_.L.R.
SB MO) (Cross, TLS oh GUANA Gine I DYNA sceenccessceespndceecosc-ehce 2-023, 2-028, 2-029, 2-065
ID anes. |Paras: CKO a)TUN ASIG (INS CUO): si anancicecnapneeanccts banenansckeroannrescnceaemene Aurea 4-148
Davies svaknicen@! SOU) souls albey/ 13-5 ORWERCE SOS a5 ae eee ee: eee Ene ees 4-034
Delos, The. See Owners of Cargo Lately Laden on Board the MV Delos v Delos
Shipping Ltd
Demco Investments & Commercial SA v SE Banken Forsakring Holding AB [2005]
EWHC 1398; [2005] 2 Lloyd’s Rep. 650, QBD (Comm) ........ 8-121, 8-125, 8-126,
8-143
Department of Economic Policy and Development of the City of Moscow vy
Bankers Trust Co; sub nom. Department of Economics, Policy and Develop-
ment of the City of Moscow v Bankers Trust Co; Moscow City Council v
Bankers Trust Co [2004] EWCA Civ 314; [2005] Q.B. 207; [2004] 3 W.L.R.
533; [2004] 4 All E.R. 746; [2004] 2 All E.R. (Comm) 193; [2004] 2 Lloyd’s
Rep. 179; [2004] 1 C.L.C. 1099; [2004] B.L.R. 229; (2004) 148 S.J.L.B. 389,
CA CiveDiw)its Reeeoncs et ecko eee eee ee 1-010, 5-184, 5-187, 8-205
Deutsche Schachtbau- und Tiefbohrgesellschaft mbH v Ras Al-Khaimah National
Oil Co; Deutsche Schachtbau- und Tiefbohrgesellschaft mbH v Ras Al-Khai-
mah National Oil Co (Garnishee Proceedings); Deutsche Schachtbau- und
Tiefbohrgesellschaft mbH v Shell International Petroleum Co Ltd (Nos.1 and
2); sub nom. DST v Rakoil [1990] 1 A.C. 295; [1988] 3 W.L.R. 230; [1988] 2
AILE.R. 833; [1988] 2 Lloyd’s Rep. 293; (1988) 85(28) L.S.G. 45, HL ... 2-095, 4-002
Deutsche Schachtbau- und Tiefbohrgesellschaft mbH vy Shell International Petro-
leum Co Ltd (Nos.1 and 2). See Deutsche Schachtbau- und Tiefbohrge-
sellschaft mbH v Ras Al-Khaimah National Oil Co
Dicasway@iS30 nomic yo OS alu (OlSs) Geez ie ar, cas cnaeeteees sereeeeeeen eeeeee 6-178
Director General of Fair Trading v Proprietary Association of Great Britain; sub
nom. Medicaments and Related Classes of Goods (No.2), Re [2001] 1 W.L.R.
700; [2001] UK.C.L.R. 550; [2001] LCR. 564; [2001] H.R.L.R. 17; [2001]
U.K.H.R.R. 429; (2001) 3 L.G.L.R. 32; (2001) 98(7) L.S.G. 40; (2001) 151
INGE a7 (2001) ASS A Ba2OGAn(GivelDin)ew. ie 4-110, 4-114, 4-115, 7-132
Discain Project Services Ltd y Opecnune Development Ltd (Application for
Summary Judgment) [2000] B.L.R. 402; (2001) 3 T.C.L.R. 16, QBD (TCC) .... 7-119
Distillers Co (Biochemicals) Ltd vy Times Newspapers Ltd; Distillers Co (Bio-
chemicals) Ltdv Phillips [1975] Q.B. 613; [1974] 3 W.L.R. 728; [1975] 1 All
E.Re Ale O74 a1 18uS. jic864 {OBID ES aces... hecho ceeenenecmmaters meer eek. 6-185
Woerd Mortisky, Rossen (S02) satas tals Semen emer, cee eae = eee een er 6-181
Doleman s&asonstva Ossett orp: [LOI Bee 2257 GA ta reee eee eee Re 6-162
Exploring the Variety of Random
Documents with Different Content
 CROM CASTLE. I [ Nicholas, but I have failed to ascertain
to what family she belonged ; indeed, the only thing I know about
my ancestress is that she was an " illiterate," as I have several deeds
signed by her, " Nicholas Creichtoune X her mark " ! However, I
believe illiteracy was not uncommon among the ladies of the early
part of the seventeenth century. He died before the year 163 1,
leaving an only son, who acquired, as above shown, the leasehold of
Crom by his marriage with Miss Spottiswood. This leasehold was,
about ten years afterwards, converted into a perpetuity, subject to a
small head rent, by the following deed, now in my possession : — "
Articles of agreement had, made, covenanted, and fully agreed upon
this one and twentieth day of November, in the year of our Lord God
one thousand six hundred fifty and five, between Francis Butler, of
Belturbet, in the County of Cavan, Esi"'- of the one part, and
Abraham Creighton, of Crum, in the County of Fermanagh, Es'i''- of
the other part, as foUoweth : — Imprimis — The said Francis Butler
doth for himself, his heirs, and assignees, covenant, promise, and
grant to and with the said Abraham Creighton, his heirs and
assignees, by these presents, that he, the said Francis Butler, or his
heirs, shall and will, within the space of three days after request
made unto him, the said Francis Butler, or his heirs, by the said
Abraham Creighton, or his heirs, grant, bargain, sell, and convey, or
otherwise well and sufficiently make and assure unto the said
Abraham Creighton, his heirs and assigns, for ever, a good, sure,
and indefeasible estate of inheritance of all and singular the lands,
tenements, and hereditaments, and premises hereinafter mentioned
(that is to say), the tate of Crum and Ardillar, the tate of land of
Aghadrum, the tate of land of Drunibruchas, the tate of land of
Curlatton, together with the two islands of Inishfonra and
Innisherke, lying in Lough Earne, all of which lands and tenements
are situate, lying, and being in the Barony of Coole and Knockninny,
in the County of Fermanagh aforesaid, with their and every of their
rights, numbers, immunities, privelcges, and appurtenances as by
the said Abraham Creighton, or his heirs, his or their counsel learned
in the law, shall l)e reasonably devised, advised, or acquired at the
costs and charges of the said Abraham Creighton. In consideration
whereof, the said Abraham Creighton doth hereby covenant,
promise, and grant to and with the said F'rancis Butler, his heirs and
assigns, by these presents, that he, the said Abraham Creighton, his
heirs and assigns, shall and will satisfy and pay unto the said Francis
Butler, his heirs and assigns, for ever, the yearly rent or sum of
fifteen pounds sterling, at the feast of All Saints and the feast of St.
rhilip and St. Jacob, by even and equal portions, and the first
payment to commence and begin upon the feast of All Saints which
shall be in the year of our Lord God one thousand six hundred sixtie
and six, and in the mean time that he, the said Abraham Creighton,
shall and will satisfy and pay unto the said Francis Butler such rent
or sum of money as formerly he hath paid for the lands and
premises aforementioned. In witness whereof the parties aforesaid
to these present articles of agreement have interchangeably set their
hands and seals the day and year first above written. " FRANCIS
BUTLER."
 12 CROM CASTLE. The head rent was finally bought out by
my great-grandfather, in 1810, from Brinsley, 4th Earl of
Lanesborough, the descendant of Francis Butler. Thirty-three years
after the purchase from Francis Butler, events took place which have
made the name of Crom memorable in the annals of Ulster. James
II., driven from England into France, had landed from thence in
Ireland, where his Lord Lieutenant, Tyrconnell, had paved the way
for a Jacobite restoration by the dismissal of all his opponents from
posts of responsibility, civil and military, and had filled their places
with the adherents of the fallen dynasty. There were some among
the colonists of Ulster, not long past middle age, who had been eye-
witnesses of the scenes of 1641 . They were determined not to be
caught napping again, and all over the province they were arming
and preparing for resistance. Derry and Enniskillen shut their gates
against King James, and won for themselves an imperishable name
in the history of their country. Crom Castle was in those days a place
of considerable strategical importance, commanding as it did the
waterway between the two fortified towns of Enniskillen and
Belturbet, and at that time, when the surrounding country was
covered with forest, the Lake was the principal means of
communication. Colonel Abraham Creichton must have been then an
old man, but his spirit was undaunted, and, collecting his tenants
and retainers, with others of the neighbouring settlers, he made of
Crom a stronghold, which it was imperative on the Jacobite generals
to reduce. I give the history of the two attempts to do so in the
words of contemporary historians, viz., Harris in his " Life of King
William," and Hamilton in his "Actions of the Inniskilling men." First
Siege. "On the 20th March, 1689, Lord Galmoy reached the County
of Cavan at the head of a detachment of King James' army, and,
animated by the flight of the Protestants of that county, and thinking
from their example to drive the whole country before him, marched
forward to Belturbet, and from thence proceeded to take in Crom
Castle, seated in the N.E. side of Lough Erne, and then garrisoned
by a considerable number of Protestants, under the command of
Colonel Creichton, who had conveyed themselves and effects into it
as a place of some security : and the rather as it lay within a
moderate distance of Enniskillen, whence they hoped for relief upon
any emergency. The walls of the Castle were strong, but it had no
outward fortification nor fosse, nor could it stand a siege of any
duration against a well-appointed force, and more especially as it
was commanded by hills within musket-shot. Galmoy thinking to
frighten the garrison into compliance with his demands, and as he
found the roads boggy, and the carriage of cannon impracticable, to
supply that defect he contrived two tin guns, near a yard long in the
chase, and about 8 inches in the bore, strongly bound about with
small cord, and covered with a sort of buckram of the colour of a
cannon. He drew these two bugbears towards Crom, with 8 horses
to each, making a great noise, as if they were drawn with much
difficulty. As soon as they were brought within due distance he
summoned the Castle, threatening to batter it.
 CROM CASTLE. 1 3 and had the folly to fire one of them,
which burst, and betrayed the fraud. Notwithstanding the
disappointment, he continued the siege, and sent to Enniskillen to
summon the garrison of that town to surrender. The Enniskilleners
prepared themselves for their defence and to send relief to Crom,
and sent a detachment of 200 of their best armed troops, some by
land and some in boats, towards that Castle, hoping they might get
into it in the night. But day breaking before they got there, the
enemy used all their endeavours to keep the boats from landing
their men at the Castle, firing many volleys at them ; but, being bad
marksmen, they killed only one old boatman, and did the party no
further harm, who shot several of the enemy dead from the boats,
landed at the Castle, and, having joined those within, they sallied
out together, beat them from their trenches, killing between 30 and
40 of them ; and, besides the firearms of those that fell, they took
the two mock cannon, two suits of armour, and several other things
of value ; immediately after which Galmoy raised the siege, and
retreated to Belturbet. At this time, one Bryan MacConogher
MacGuire, a captain in the Irish army, was a prisoner at Crom, whom
Galmoy had a desire to release, and the next day sent an express to
Captain Creichton (proprietor and governor of the Castle) proposing
an exchange between Captain Dixey and MacGuire, and desiring, if
the exchange was approved of, that MacGuire might be sent to him,
and he engaged his honour to return Captain Dixey in his room. The
proposal was acceptable to the Governor and all the garrison.
Captain Creichton sent MacGuire to Galmoy, desiring that Dixey
might be returned. But this perfidious lord, as soon as he had
MacGuire in his hands, called a council of war on Dixey and
Charleton, by whom they were sentenced to die for levying men by
the Prince of Orange's Commission, which was found in their
pockets, and they were desired to prepare for death next day. In the
meantime, great promises were made to them of life and preferment
if they would turn Papists, and take service under King James. But
these gallant youths rejected the offer, and preferred their religion to
the preservation of their lives. iSIacGuire showed an extraordinary
concern for Galnioy's breach of faith, whom he put in mind what an
everlasting stain it would be to his honour if he put Mr. Dixey to
death after his engagement to return him, and prayed that he
himself might be remanded a prisoner to Crom, not desiring his
freedom at so dear a purchase as the loss of honour. Galmoy was
deaf to anything that could be offered in behalf of the two prisoners,
but caused them botii to be hanged upon a sign-post, had their
heads cut off, which he gave to the soldiers for footballs, who, when
they had pleased themselves for some time with this barbarous
diversion, the infamous Galmoy ordered them to be set on the
market-house in Belturbet, to remain a spectacle of his dishonour
and their constancy. It is said that MacGuire was so much disgusted
witli this action that he returned to Crom, threw up his commission,
and would serve King James no longer. Mr. Woolston Dixey was the
eldest son of the Dean of Kilmore, and Captain of a troop of horse,
and Mr. Edward Charleton was his cornet. The treacherous Galmoy
was also very near giving Colonel Creichton the same fate, for,
having drawn
 14 CROM CASTLE. him to an interview on the public faith,
he caused him to be arrested for his refusal to deliver up his Castle
of Crom, and would have put him to death had not the Lord
Mountcashell, enraged at the perfidy, rescued him by force, and
conducted him safe to his Castle." — From The Life of William III.,
by Walter Harris, Esq., book viii., pp. 214-15 and 225. A foot-note on
p. 215 also says — " The MS. before cited gives a different account
of the raising this siege. That the defect of artillery in the Castle was
in some degree supplied by long fowling-pieces, with double rests,
used in killing game about the Lough. That as Galmoy was
reconnoitring the Castle from an hill near an English mile distant,
and was standing with a glass of wine in his hand ready to drink
confusion to the Rebels in Crom, an expert Fowler from the
battlements, levelling his gun at the crowd, broke the glass in his
Lordship's hand, and killed the man who stood next him, which
deterred the besiegers from making too near approaches, without
which the Castle could not be taken, and gave the Inniskilleners an
opportunity to throw a relief of 200 men into it, which obliged
Galmoy to draw off. Both accounts may possibly be true." Second
Siege. " That night that they landed at Enniskillen, there came an
express from Colonel Creichton from Crom to the Governor,
acquainting him that Lieutenant-General MacCarthy had marched his
men from Belturbet, and was come before Crom, and was raising a
battery to play upon the Castle. Our governor was then ill of a fever,
and Colonel Wolseley by his commission being commander-in-chief,
the express was brought to him. And the next day, on Monday
morning the 29 of July, by another express from Crom, we were
informed that LieutenantGeneral MacCarthy had begun to batter the
Castle with his cannon, and made his approaches very near it. The
besieged with their small shot from the Castle killed a great many of
the enemy ; but yet, being unacquainted with cannon, they made
earnest request to our Governor Hamilton (for as yet all expresses
were sent to him) for speedy relief. Colonel Wolseley returned an
answer that he would make all the haste he could to get our soldiers
together, and upon the Wednesday following to relieve them. And
the same Monday, Colonel Wolseley sent orders to Ballyshannon that
all the men there that belonged to our army should march the next
day to Enniskillen. Accordingly some troops of horse, and about 400
or 500 foot, marched to Enniskillen in their arms. And they showed
no weariness at all when they came to Enniskillen, but were willing
that very night to go towards the enemy for to relieve their friends
at Crom." Then follows the account of the preparations for the relief
and the march from Enniskillen. "And in this order we marched from
Lisnaskea to Donagh, and so towards the enemy, who we were
informed had raised their siege from Crom, and were come to
Newtown Butler, a village about two miles from Donagh." From The
Actions of the Eimiskillen Men, by Andrew Hamilton, Rector of
Kilkecry, an actor and eye-witness therein. 1690. pp. 48-9.
 CROM CASTLE. 15 The battle of Newtown Butler ensued,
which destroyed the hopes of James II. in the North of Ireland. A
number of the defeated troops, who were unacquainted with the
country, instead of going to the left where they might have made
their escape, fled to the right by a road which leads to Lough Erne.
In the words of Lord Macaulay, "The Lake was before them, the
enemy behind ; they plunged into the waters, and perished there." A
sally was made upon the fugitives, many ot whom had taken refuge
in the woods of Innisfendra Island, by the garrison of Crom. From
this they were driven by the Crom yeomen. The narrow neck of
water at the south-east end of Innisfendra has ever since borne the
name of the " Bloody Pass," from the fearful slaughter of the flying
men whose bodies bridged over the ford across which they tried in
vain to escape. It is worthy of note that the battle of Newtown
Butler was fought on the same day as that of Killicrankie in Scotland,
but that the conditions were entirely reversed : at the former. King
William's army, composed of Saxon irregulars under Colonel
Wolseley, defeated King James' Celtic regulars under General
MacCarthy ; while at the latter, the Celtic irregulars led by Graham of
Claverhouse, Viscount Dundee, defeated the Saxon regulars under
General Mackay ; but the death of the gallant leader of the
Highlanders in the moment of victory rendered their triumph
nugatory. The old Colonel's love of fighting does not seem to have
been satisfied by these stirring events, as, two years later, we find
him commanding one of the three regiments of Inniskilling infantry,
which had been formed after Newtown Butler, at the memorable
battle of Aughrim, where he escaped unscathed, though his
regiment suffered severely. He remained in command of the
regiment till the year 1698, when it appears in the list of those which
were " broke," or disbanded, in Ireland. He served as High Sheriff
for the County of Fermanagh in 1673, as M.P. for that county in
1692, and for the borough of Enniskillen in 1695. ^is name also
appears among the list of those attainted by King James' Parliament
in 1689. He died in 1705, and was buried in S. Andrew's Church,
Dublin. He was succeeded in his estates by his grandson, John, only
son of his eldest son. Captain James Creichton, by Hester, daughter
of Sir John Hume, Bt. John never married, and, dying ten years later,
was succeeded by his uncle David, fifth and youngest son of Colonel
Creichton. He was born in 1671, and, although only a lad of 18 at
the time of the siege of Crom, distinguished himself greatly by his
gallantry, and received a commission in his father's regiment. He
subsequently served in Spain, was promoted to the command of a
regiment of infantry in the reign of Queen Anne, became a Major-
General, and, at tlie time of his death, was Master of the Royal
Hospital of Kilmainham (1719172S). He was ALP. for Augher in 1695,
^"'^ afterwards sat, until his death in 1728, for the family borough
of Lifford. He married Katherine, daughter of Richard Southwell of
Castle Mattress, and sister of the ist Lord Southwell, by whom he left
an only son, the ist Lord lorne, during whose life the Castle was
burnt, as above stated. Among the sights in the Castle grounds is a
curious old yew tree, of which
 i6 CROM CASTLE. an illustration is annexed. Its dimensions
are as follows — height, 25 feet ; girth of stem, 12 feet ; length of
ditto, 6 feet ; circumference of branches, 250 feet ; spread of
branches from north to south, 77)^ feet ; from east to west, 70 feet.
There is no authentic record as to its age, but I have heard ^a
tradition that an O'Neill who was attainted in the reign of Queen
Elizabeth took leave of his ladye love under the " old yew tree " at
Crum. (See plate below.) DEVICE OF THE CRO.M CASTLE INFANTRY.
BADGE OF THE CROM CASTLE INFANTRY. There are no records of
any volunteer corps having been raised at Crom or in its
neighbourhood during the Volunteer movement ; but subsequently
there were four corps of Yeomanry raised, called the " Crum Castle
Infantry." A tracing of the brass plates on their waist-belts and
accoutrements is given above. OLD YEW IKEE CLOSK iy M CAaTLK.
(To be continued.)
 (pfder ^tttitvB in (^mtxica. somk of the early colonists.—
their services in the american Revolution. By M. I. MURPHY, Bay City,
Michigan, U.S. IVif/i Note by Francis Joseph Digger, Editor. O render
a really good account of the important part taken by the colonists
from the North of Ireland in the American War of Independence,
would require not one book, but an entire Il!!^v7 ^^''^^ °^ them.
''^"■'''^ When William and Mary, in the first year of their reign, \i
were called upon by both Houses of Parliament to discourage '''^ the
manufactures of Ireland which competed with those of England, the
restrictions which were then placed upon Irish industries were the
means, according to Lord Fitzwilliam, of driving fully loo.ooo
emigrants from the country. Some of these people went to
(Germany, more went to Spain, but the vast majority emigrated to
that new world across the water, contented to face the rigours of a
climate to which they were totally unused, and to risk their lives in
contact with the Red Indians, who had inhabited the wilds for
centuries, and who looked upon the incursions of the white man into
their territory as the invasion of an enemy. Most of the wealth of tlie
colonists came with the Ulstermen, who settled in Pennsylvania, New
Jersey, Delaware, Massachusetts, New Hampshire, and a few in New
York State, in little colonies which were often named after the jjlac e
of their nativity. Thus we find a Belfast, Derry, Londonderry, .South
Londonderry, Antrim, iSallymoney, and similar names among those
given to the \arious settlements founded by these people. One of tlie
earliest attempts at founding an Irish settlement in America was in
the year 1636, when the Eiii^h- U'l/tg^, with 140 passengers, left
Carrickfergus to found a colony on the Merrimack Ri\cr, "considering
how precious a thing the ]:)ublic liberty of ])ure ordinances was.''
The Eai^/c IVnig was fated never to carry out its mission, for,
meeting heavy weather, the emigrants were obliged to turn l)a( k
and give up their journey. Towards the end of Charles IP's rei^n, Re\
. I'-rancIs Mackenzie, one of the founders of I'resbyterianism, left
I'lster for the colonies, and he w;is soon followed l)y i\cv. William
Tail, of ISallindruit, and by many others, both clergy anil lait\'. The
first important settlement of Irishmen in the colonies was made in
1699, when James Logan, of Lui;.;an, with others from that place,
accompanied William B
 1 8 ULSTER SETTLERS IN AMERICA. Penn to his new
plantation, and there received a hearty welcome. Logan became one
of the most important men of the colony, which he governed for two
years after the death of Penn, and whose Capitol he enriched by
bequeathing to it the most considerable library that had been
opened up to its inhabitants up till that time. He was, for that age, a
most tolerant man — even more so than his friend Penn, who wrote
him as follows from London in 1708: — "There is a complaint against
your government that you suffer public mass in a scandalous
manner. Pray, send me the matter of fact, for ill use is made of it
against us here."' The warmth of the reception which greeted Logan
and his companions induced many emigrants, chiefly from the North
of Ireland, to follow them to Pennsylvania, in the interior of which
State we find townships called Derry, Tyrone, Coleraine, and Donegal
as early as the year 1730. From this time on, the influx of Irish
immigrants was considerable. The arrivals at the port of Philadelphia
for the year ending December, 1729, are set down as follows : —
English and Welsh ... ... ... 267 Scotch ... ... ... ... ... 43 Palatines
(Germans) ... ... ... 343 Irish ... ... ... ... ... 5,655 Or a proportion of
nearly ten Irish emigrants to one from all the other European
countries. This statement will be for.nd in Holmes' Anna's 0/
A»ie?'!ca, vol. i. This influ.x, though not in as great disproportion to
other arrivals, recurred annually at the same port till the end of the
century. In 1719 we find a settlement made by sixteen families from
Derry on the banks of the Merrimack River. Ever mindful of the
Motherland, they named the settlement after their native place, and
it bears that name to-day. (See Note by Editor.) Boston, too, early
afforded a haven for Irish exiles. We find that in 1737 a number of
"gentlemen of the Irish Nation" residing in that city adopted the
following programme of association : — " Whereas, several
gentlemen, merchants and others, of the Irish Nation, residing in
Boston, in New England, from an affectionate and compassionate
concern for their countrymen in these parts who maybe reduced by
sickness, shipwreck, old age, and other infirmities and unforeseen
accidents, have thought fit to form themselves into a Charitable
Society for the relief of such of their poor, indigent countrymen,
without any design of not contributing towards the provision of the
town poor in general, as usual,'' &c. The names of the twenty-six
original members of the society are as follows : — Robert Duncan,
Andrew Knox, Nathaniel Walsh, Joseph St. Lawrence, Daniel MacFall,
William Drummond, William Freeland, Daniel Gibbs, John Noble,
Adam Boyd, William Stewart, Daniel Neal, James Maynes, Samuel
Moor, Philip Mortimer, James Egart, George Cilen, Peter Pelham,
John Little, Archibald Thomas, Edward Alderchurch, James Clark,
John Clark, Thomas Bennett, and Patrick Walker. In 1737, William
Hall was president ; in 1740, Robt. Achmuty ; in 1743, Neil Maclntyre
; in 1757, Samuel Elliott ; in 1784, Moses Black ; in 1791, Thomas
English ; in the same year General Simon Elliott, jun., was elected ;
in 1797, Andrew Dunlap ; and in 18 10, Captain James MacGee.
Londonderry, on the Merrimack, grew to be one of the most
prosperous of the New England settlements, and produced some of
the greatest men of the revolutionary period. It sent colonies out to
found new settlements. In Barstow's New liaiiipskire, page 130, we
find the following significant remark : — " In process of
 ULSTER SETTLERS IN AMERICA. I9 time the descendants of
the Derry settlers spread over Windham, Chester, Litchfield,
Manchester, Bedford, Goffstown, New Boston, Antrim, Peterborough,
and Ackworth, in New Hampshire, and Barnet, in Vermont. They
were also the first settlers of many towns in Massachusetts, Maine,
and Nova Scotia. They are now, to the number of 20,000, scattered
over all the States of the Union." With this statement of Barstow we
may add that Cherry \''alley, celebrated in American history for the
terrible massacre of its inhabitants by the Indians in 1778, was also
in part settled by people from Derry. The Irish settlement of Belfast,
in Maine, was established in 1723 by a small number of emigrants
who came mainly from the Irish city of the same name. Among
them, however, was a Limerick schoolmaster named Sullivan, who,
on the outward voyage, courted a female fellow-passenger, a native
of Cork, whom he married shortly after his arrival in America. Later
on they settled in New Hampshire, and lived to see two of their
sons, John and James, at the highest pinnacle of civil and military
authority. John Sullivan, afterwards Brigadier-General John Sullivan,
made the battle of Bunker Hill possible by capturing the fort of
William and Mary, near Portsmouth, New Hampshire, and carrying
off one hundred barrels of gunpowder, fifteen light cannon, and the
entire store of small arms, all of which were used in the fight at
Bunker Hill. It was he who was the officer of the day in charge of
the Continental Army on that memorable St. Patrick's Day, 1776,
when the British left Boston never more to return. It would be an
utter impossibility to keep track of the emigrants from Ulster who
settled in New England, or, for that matter, in any other section ;
they seemed to scatter in all directions. In the old burial-place in
Worcester were to be seen, a few years ago, and they may be there
even yet, two old tombstones. One of them bore the name of John
Young, who died in 1730, aged 107 years ; he was a native of Derry.
The other was inscribed with the name of David Young, a native of
Donegal, who died in 1776, aged 94 years. In I76r, Irish emigrants,
to the number of aljout two hundred, settled in Nova .Scotia. Tlie
town of Londonderry and the county of Dublin were in all probability
named by them. Tiie coming- of the Rev. George Berkeley, Dean of
Derry, to America, for the purpose of founding a college for the
conversion of the noble red man, in 1729, is one of tlie most
interesting cjiisodes in the earh- annals of our Irish settlers. In
January of that year he, with his faculty, arrived at Newjwrt, R.I.,
after a long and stormy voyage. Here, while wailing for the money
voted him by Parliament, it was that he wrote his Minute Pliilosophcr
; here his son was born ; and here it was that he composed those
grand lines, so prophetic in theme and poetical in conception : — "
Westward the cotirsf of I'lnipiro takes its way, — The four first acts
already past ; 'i'he fifth shall close the ihama with the day, — 'rime's
noblest oflsprini,' is the last." From Baldwin's ^-Intuils of Wih-
Col/t'i^c we learn that, when al^otit to reti.rn to Ireland in 1 732, he
bequeathed his farm lo Yale College, then in its infancy, and also
presented it with his librarx-, the tinost collec tion of books that ever
came at one time into .Vmerica. It would not do to pass over the
period from the early settlements lo the great struggle for
independence without a few words on the campaign against Canada
in 1755. It was in this war the men who afterwards led the
Continentals lo victorv
 20 ULSTER SETTLERS IN AMERICA. were trained in military
science, and received the experience which in later days proved
invaluable. Some of the prominent figures in this campaign were
Ulster»men and their sons. The first blow against the French was
inflicted at Crown Point, on Lake George. Against this fort Captain
MacGuinness, a son of one of the Derry settlers, marched with 200
men, surprised the garrison, and, after a sharp battle, ,put them to
flight. In the very moment of victory the gallant MacGuinness fell,
mortally wounded. The two other expeditions which were sent out at
the same time utterly failed. That sent against Louisburg was cut to
pieces in Indian ambuscades. The other, sent against Fort Du
Quesne, shared the same fate ; but •it is worthy of note that, in
covering the retreat of the soldiers in this event, George
Washington, then young, first distinguished himself in arms. In 1758
and 1759 fortune again rested on the banners of the British army.
Louisburg, Fort Du Quesne, Quebec, Ticonderoga, and Niagara were
all carried by British arms, and in 1760 the latter were complete
masters of Canada. Among the officers who commanded under
Wolfe at Quebec was an Irish gentleman, Richard Montgomery, then
in his twenty-first year. He held the commission of colonel.
Montgomery was a native of Raphoe, in the County Donegal, and
the son of Thomas jMontgomery, at one time M.P. for Lifford. In this
same Canadian war we find John Stark, of Londonderry, New
Hampshire, and John Sullivan, already mentioned, undergoing that
apprenticeship which afterwards served them so well. The most
glorious day in American history is perhaps the 19 April, 1775, when,
near the village of Concord, Massachusetts, " By that rufie bridge
that arched the flood, Their flag to .Xpril's breeze unfurled, Here
once the embattled farmers stood And fired the shot heard round
the world." — Emerso.V. The Ikitish regulars had fired upon and
dispersed the minutemen at Lexington, and, hearing of military
stores being concealed at Concord, marched to capture them. They
were met at the little bridge by the Concord farmers, who had
previous warning of their coming. As the regulars beheld the farmers
drawn up to oppose their passage, they fired upon them. Several of
the men dropped — some dead, some badly wounded. Major
Buttrick, of the minutemen, then gave the order to fire, and two of
the regulars dropped dead. The fire of the farmers then became so
rapid that the soldiery were forced to retreat. On their way through
the town they set fire to the Court-House and other buildings, and
never halted till they reached Boston, thirty miles away. Among'
those who stood at the bridge and shared in firing that initial volley
for independence was gallant Hugh Cargill, born in Ballyshannon in
1739, and who emigrated to America just one year before the battle
of Concord. He, together with a Concord citizen named Bullock,
saved the records of the town from the soldiery. Cargill, on his arrival
in America, was entirely destitute ; but, by industry and careful
economy, was a rich man at the time of his death, on 12 January,
1799. During that long and terrible struggle the sons and grandsons
of Ulster were ever to the front. The noble young Montgomery, who
had returned to settle in America in 1772, laid down his life at
Quebec. He was one of the first generals ■to fall on the American
side, and this, combined with his youth and sympathy for
 ULSTER SETTLERS IN AMERICA. 2F his young wife, has
endeared him to the American people of all races and creedsAndrew
Lewis is another prominent figure in Revolutionary annals. He was
bom in County Donegal. His father, John Lewis, had a quarrel with
his landlord, in which the latter was killed, and the Lewis family fled,
first to France and then to America. They landed in \'irginia, where
they founded the town of Staunton. Andrew and his four brothers
distinguished themselves in aiding the Revolution, and it looked at
one time as if Andrew would become Commander-in-Chief of the
American troops, and take the position in American history which
Washington soadmirably filled. His brother, William Lewis, also born
in Donegal, won distinction in the campaign. He was in command of
a regiment of Virginians, in which two of his sons enlisted ; one of
them was afterwards killed, and the other maimed' for life. Daniel
Morgan, the renowned hero of the Cowpens, was born in
Ballinascreen^ County Derry, Ireland. His victory over General
Tarleton in this battle is one of the greatest episodes in the history of
the war. With five hundred Irish-American soldiers he defeated a
thousand English troops, and each one of his men brought home a
prisoner. General Henry Knox was the son of a Donegal Irishman,
and was born in' ]5oston. He was perhaps the most illustrious soldier
of the Revolution next to Washington. Knox was the creator and
organiser of Washington's artillery, and' fought in every battle under
Washington. He fought at Bunker Hill, and, when the American
Government took shape, was apjjointed by President Washington'
Secretary of War and of the Navy. Anthony Wayne was born of North
of Ireland parents in Pennsylvania. At the beginning of the war he
was made colonel of one of the Pennsylvania Irish' rej^iments. In
1777, Congress made him a general. When the British retreated from
Philadelphia, and Washinj^ton desired to send a body of troops in
pursuit, he picked out tlie corps commanded by Wayne, Morgan,
Sullivan, and Maxwell — two Irishmen and two sons of Irishmen —
for the work. At Brandy wine and Germantown, Wayne did good
service. In the latter battle the right was commanded by two Irish-
Americans — Wayne and Sullivan. Wayne carried his part on the
field,, his horse being shot under him in the charge. Wayne and
Ramsey, the latter alsoof Ulster ])arentage, saved the army from
Lee's disaster at Monmouth, and the history of that battle was
v/ritten by the artillery of Knox, the bayonets of Wayne, and the
rifles of Morgan — all Irish. At ^'orktown nothing could withstand
the charge of Wayne. By the quickness and impetuosity of his
movements he carried evcrytiiing l)eforc him. The i;reatest
achievement of Wayne, however, and the one by which he will ever
be best known to historical students, was the storming and
capturing of Stony Point, on the Hudson. This fortress hatl been
considered almost impregnable, and an attempt at assault
synonymous with insanity. Washington deemed the capture of the
fort a matter of the utmost importance, and, knowing the dare-devil
spirit of Wayne, selected him from among all his generals to
undertake the expedition. Wayne proposed to take Stony Point by
storm. " Can you do it ? " asked Washington. " I'll storm hell, if you'll
only plan it, ( Icneral,'' answered Wayne. On the evening of the 15th
of July, 1779, Wayne advanced to within half-a-mile of the garrison
with a few hundretl men whom he had led secretly through the
mountains from Fort Montgomery. Stealthily they approached the
fort at midnight, arranged irL
 22 ULSTER SETTLERS IN AMERICA. two columns. The
greater part of the Httle force crossed a narrow causeway over a
morass in the rere, and with unloaded muskets and fixed bayonets
marched to the assault. .\ forlorn hope of picked men led the way to
make openings in the abatis at the two points of attack. The alarmed
sentinels fired their muskets, and the aroused garrison flew to arms.
The stillness of night was suddenly broken by the rattle of musketry
and the roar of cannon from the ramparts. In the face of a terrible
storm of bullets and grape-shot the assailants forced their way into
the fort at the point of the bayonet. Wayne, who led one of the
divisions in person, had been brought to his knees by a stunning
blow of a musket ball on the head. Believing himself to be mortally
wounded, he exclaimed — " March on I Carry me into the fort, for I
will die at the head of my column." He soon recovered, and at two
o'clock in the morning he wrote to Washington — " The fort and
garrison, with (General Johnston, are ours. Our officers and men
behaved like men determined to be free." In this assault the
Americans lost about one hundred men — fifteen killed and the
remainder wounded. The British had sixty-three killed ; and General
Johnston, the commander, with five hundred and forty-three officers
and men, were made prisoners. The British ships, lying in the river
near by, slipped their anchors and moved down the stream. This
exploit of Wayne's was called by General Charles Lee not only the
most brilliant assault in the whole war on either side, but one of the
most brilliant in history. The assault of Schiveidnitz by Marshal
Laudohn he considered inferior to it. A brother-in-law of General
Wayne, Colonel John Stewart, a native of Ulster, commanded one of
the main divisions in the charge at Stony Point. He distinguished
himself by his gallantry to such an extent that Congress awarded
him a gold medal. Another of the same name, General Walter
Stewart, is a prominent figure in the annals of that period. He was
born in Derry, and came to the colonies while a mere boy. At the age
of twenty-one he was appointed a colonel of infantry, to the great
annoyance of many native American officers of greater age and
longer standing. Stewart was called the " Boy Colonel." Later on his
conduct justified the choice, and he rose to the rank of Brigadier-
General. He married the daughter of Blair MacClenachan, of
Philadelphia. General Stewart was remarkable for his beauty and his
excellent manners. Brigadier-General Thos. Robinson, who
emigrated from the North of Ireland just previous to the
Revolutionary war and settled in Philadelphia, was also a brother-in-
law of General Wayne. General Robinson was one of the first
American officers who visited England after the war, and, appearing
in a box at Drury Lane Theatre in his full uniform, was received by
the audience with loud cheers. A few moments later, another officer
entered an adjoining box in the British uniform, and was greeted by
a storm of hisses. That officer was the traitor, Benedict Arnold. One
of the most fiery and chivalrous of the American officers, and one
whose patriotism was equal to his courage, was General William
Thompson, a brother of the Secretary of the Continental Congress.
Born in Maghera, County Derry, in the year 1727, he settled in
Carlisle, Pennsylvania, on his arrival there. Thompson accompanied
Montgomery on the Quebec expedition, was promoted to the rank of
General, and commanded the American forces at the battle of Three
Rivers, or Trois Rivieres, as it was then called, in Canada, June,
1776. Wayne and Irvine served under him in this engagement, and
Generals Thompson and Irvine were
 ULSTER SETTLERS IN AMERICA. 23 taken prisoners. They
were afterwards exchanged, and served during the remainder of the
war. General Thompson died shortly after its conclusion. William
Irvine, a Brigadier-General in the Continental army, was bom in
Enniskillen on the 3 November, 1741. He was educated at Trinity
College, Dublin, studied medicine, was for some time a surgeon in
the English Navy, and in 1763 removed to Carlisle, Pennsylvania,
where he settled down to the practice of medicine. He was a
member of the Convention which met at Philadelphia in 1774, and
recommended a general Congress ; he was representative for
Carlisle in the Continental Congress till 1776. In that year, receiving
authority from Congress, he raised and equipped the Sixth
Pennsylvania Regiment ; was taken prisoner at Three Rivers,
Canada, and exchanged in 1778. After minor commands, he was, in
the autumn of 1781, entrusted with the defence of the north-
western frontier, which was threatened by the British and Indians ; a
charge not only requiring courage and firmness, but great prudence
and judgment, and which was executed in a manner which fully
justified the choice of General Washington. In 1785 he was
appointed to examine the public lands of Pennsylvania, and
suggested the purchase of the "Triangle," which gave to that State
an outlet on Lake Erie. He was a member of the old Congress of
1786-8, of the Convention that revised the constitution of
Pennsylvania, and of Congress, 1793-5. He died in Philadelphia, 29
July, 1804, aged 62 years. Two of his brothers and three of his sons
also served in the army of the United States. The first marshal of the
district of Pennyslvania was Colonel Francis Nichols, who was born at
Crieve Hill, Enniskillen, in 1737. He was an officer in the army of the
Revolution, and by his gallant conduct rose from the rank of a non-
commissioned officer to that of colonel. He was afterwards elected
to Congress. The three brothers Mease left a record of which all
Irishmen may well be proud. Matthew Mease, the eldest, left his
native place, Strabane, in the County Tyrone, and landed, a young
lad, in Philadelphia, where his uncle, John Mease, also of Stral:)ane,
was an eminent and wealthy merchant. Matthew received a
commercial training : but at the commencement of hostilities
entered the American na\y, and became the purser of the
Bofi/ioiiune Richard. In the desperate encounter between that vessel
and H.M.S. Scrapis, Matthew Mease, not relishing the thouyhl of
being a spectator, obtained from Paul Jones the command of the
t[uartfr-dc(k guns, which were served under him until he was carried
below to the C()( kpit, dangerously wounded on the head by a
splinter. He died in Philadelphia in 1787. James Mease, the second
brother, was born in Strabane, and came to America before the
i\evoiution. He was one of those who organised the First Troop of
Philadelj^hia Ca\alry, and served in it with gallantry during the war.
He was eminent as a merchant, and subscribed /'5,ooo for supplies
to the American army during the winter of 1780. John Mease, the
third son, also born in Strabane, emigrated to America in 1754, and
on the ever memorable Christmas night in 1776 was one of twenty-
four of the l'l)iladeI|)lHa City Troop who crossed the Delaware with
the troops under Washington, when the Hessians were cai)turcd.
John Mease was one of five detailed to keep ali\c the tires along the
line of the American encampment at Trenton, to deceive the IWitish,
whilst the Americans marched by a ])rivate route to attack their rear
guard at Princeton. He scr\ed with his troop till the end of the war,
sutVering great loss of i)ro])crty in his warehouses and dwelling. He
subscribed /'4,ooo to supply the army in 1780.
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