“In an international purchase contract dispute, a claimant that was not obliged to publish accounts and had not revealed any information about its financial position was required to provide security for costs.”

“Under English law the Hague Rules “as enacted” means the Hague Rules “as amended” being the Hague-Visby Rules.”

“Claimants did not have title to sue as neither were named in non-negotiable Bills of Lading. Second Claimant time barred under one year Hague-Visby Rules time bar in any event. Even if wrong on title to sue point, on the facts, two of the three seals on the containers were intact and, therefore, cargo of coltan ore could not have been substituted with sand and pebbles as alleged.”

“Damages for repudiatory breach are calculated as the difference between the market and contract rates without taking into account actual events; but where there is no market, benefits like the profitable sale of the vessel are deemed to arise from the breach and the proceeds must be credited against the loss.”