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Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (“The Jordan II”): HL 25 Nov 2004

Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was asked to depart from an interpretation of the rules which had stood and been applied for more … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (“The Jordan II”): HL 25 Nov 2004

Trafigura Beheer Bv v Golden Stavraetos Maritime Inc: CA 15 May 2003

The owners of cargo claimed damages from the carriers for a cargo of jet oil rejected at the port of destination because of contamination suffered on board. Held: In interpreting the rules, the court must adopt a process of construction which is appropriate to a set of rules agreed internationally and enacted into United Kingdom … Continue reading Trafigura Beheer Bv v Golden Stavraetos Maritime Inc: CA 15 May 2003

Chandris v Isbrandtsen-Moller Co Inc: CA 1950

Although section 3(1) of the 1934 Act expressly empowered only courts of record to include interest in sums for which judgment was given for damages or debt, arbitrators were nevertheless empowered by the agreement of reference to apply English law, including so much of that law as is to be found in the section. The … Continue reading Chandris v Isbrandtsen-Moller Co Inc: CA 1950

Effort Shipping Co Ltd v Linden Management Sa and Another (The Glannis Nk): CA 5 Feb 1996

A shipper’s liability for known dangerous goods is not limited by fault or by negligence. Citations: Independent 06-Feb-1996, Times 05-Feb-1996 Statutes: Hague-Visby Rules Article IV R 6, 3 Jurisdiction: England and Wales Citing: Appeal from – Effort Shipping Co Ltd v Linden Management Sa and Another (The Glannis Nk) QBD 5-May-1994 A danger to the … Continue reading Effort Shipping Co Ltd v Linden Management Sa and Another (The Glannis Nk): CA 5 Feb 1996

J I MacWilliam Company Inc v Mediterranean Shipping Company SA; The “Rafaela S”: HL 16 Feb 2005

A US company bought a printing machine and ancillary equipment on CIF terms from an English company. The sellers consigned the goods to the buyers. The carriers were a container liner operator and the demise charterers of the vessels ‘Rosemary’ and ‘Rafaela S’. The goods were shipped from Durban aboard the ‘Rosemary,’ as evidenced by … Continue reading J I MacWilliam Company Inc v Mediterranean Shipping Company SA; The “Rafaela S”: HL 16 Feb 2005

Pyrene v Scindia Navigation Co: QBD 1954

Under a classic FOB contract, a seller places the goods on board the ship, and procures a bill of lading in terms usual in the trade. The buyer nominates the shipper and bears all the expenses associated with the vessel including port charges, freight, customs duties, storage and arrivals charges. However, the parties to the … Continue reading Pyrene v Scindia Navigation Co: QBD 1954

GH Renton and Co Ltd v Palmyra Trading Corporation of Panama: HL 1957

An agreement transferring responsibility for loading, stowage and discharge of cargo from the shipowners to shippers, charterers and consignees is not invalidated by article III, r. 8. Lord Somervell of Harrow said as to Art III r2: ‘It is, in my opinion, directed and only directed to the manner in which the obligations undertaken are … Continue reading GH Renton and Co Ltd v Palmyra Trading Corporation of Panama: HL 1957

Pyrene Co Ltd v Scindia Navigation Co Ltd: QBD 1954

The fob contract has become a flexible instrument and it does not necessarily follow that the buyer is an original party to the contract of carriage. The effect of article III, r. 2 of the Hague-Visby Rules was not to override freedom of contract to reallocate responsibility for the functions described in that rule: ‘The … Continue reading Pyrene Co Ltd v Scindia Navigation Co Ltd: QBD 1954

Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018

The claimant appellants, arranged shipment of bagged Colombian green coffee beans, stowed in 20 unventilated 20-foot containers from Panama to Rotterdam, Hamburg or Bremerhaven for on carriage to Bremen. The bill of lading for each consignment covered the entire carriage. Such beans were commonly carried in either ventilated or unventilated containers. Unventilated containers were specified … Continue reading Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa: SC 5 Dec 2018

Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004

References: [2004] UKHL 49, Times 26-Nov-2004, [2005] 1 WLR 1363, [2005] 1 All ER 175 Links: Bailii, House of Lords Coram: Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hoffmann Lord Scott of Foscote Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004

Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003

Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill. Held: The specific terms added prevailed over the standard terms printed on the bill of lading. The bill was … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003

Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Company Jordan Inc and Another: CA 13 Feb 2003

The question was whether a carrier is liable to cargo owners when the latter, or their stevedores, perform their duties improperly or carelessly; whether an agreement which transfers responsibility for these operations from the shipowners to shippers, charterers or consignees, is invalidated by article III, r. 8 of the Rules. The charterparty purported to transfer … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Company Jordan Inc and Another: CA 13 Feb 2003

Mediterranean Freight Services Ltd v BP Oil International Ltd (The Fiona): CA 27 Jul 1994

A ship owner is to have made his ship seaworthy in order to claim an indemnity for dangerous fuel set alight by a third party. He was not entitled to claim where the failure to keep the ship seaworthy was his own.Hirst LJ said: ‘The inclusion of the words ‘directly or indirectly’ in art. IV, … Continue reading Mediterranean Freight Services Ltd v BP Oil International Ltd (The Fiona): CA 27 Jul 1994

El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA: 10 Aug 2004

(Federal Court of Australia) ADMIRALTY AND MARITIME LAW – carriage of goods by sea – Hague-Visby Rules – Australian COGSA Art 3 Rules 3, 4 and 8 – method for assessing value of cargo – where no ‘commodity exchange price’ or ‘current market price’ – where ‘normal value’ of goods at destination not determined. ADMIRALTY … Continue reading El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA: 10 Aug 2004

J I MacWilliam Co Inc v Mediterranean Shipping Company S A, “The Rafaela S”: CA 16 Apr 2003

Machinery was damaged whilst in transit, on the second of two legs. The contract described itself as a through bill of lading, but the port of discharge was not the final destination. Held: The contract was a straight bill of lading. A straight bill of lading requires delivery of the goods to the named consignee … Continue reading J I MacWilliam Co Inc v Mediterranean Shipping Company S A, “The Rafaela S”: CA 16 Apr 2003

Papera Traders Co Limited and others v Hyundai Merchant Marine Co Limited, The Keihin Co Limited: QBD 7 Feb 2002

A fire destroyed the ‘Eurasian Dream’ while in port. It was carrying cars, a fire in which got out of control. It was claimed that the ship managers had been negligent. The bill of lading contracts in the present case incorporated either the Hague or Hague-Visby Rules. Held: The vessel was unseaworthy because of deficiencies … Continue reading Papera Traders Co Limited and others v Hyundai Merchant Marine Co Limited, The Keihin Co Limited: QBD 7 Feb 2002

The Coral: CA 1993

Judges: Beldam LJ Citations: [1993] 1 Lloyds Rep 1 Statutes: Hague-Visby Rules A2 Jurisdiction: England and Wales Citing: Applied – Pyrene Co Ltd v Scindia Navigation Co Ltd QBD 1954 The fob contract has become a flexible instrument and it does not necessarily follow that the buyer is an original party to the contract of … Continue reading The Coral: CA 1993

Brys and Gylsen v J and J Drysdale and Co: 1920

A literal interpretation of the Rules indicates that, where shippers and consignees select and pay for stevedoring, cargo claimants may recover compensation from owners for the negligence of cargo owners or the negligence of their stevedores, but ‘It would be an odd state of things if one were to hold that a shipowner who has … Continue reading Brys and Gylsen v J and J Drysdale and Co: 1920

Riverstone Meat Co Pty Ltd v Lancashire Shipping Co Ltd: HL 1961

Cargo was damaged in the course of a voyage by the failure of a fitter employed by ship repairers to secure the inspection cover on a storm valve. The cargo owner sued the shipowner in contract, and recovered. Held: It was no defence that the repairs had been carried out by a reputable independent contractor. … Continue reading Riverstone Meat Co Pty Ltd v Lancashire Shipping Co Ltd: HL 1961

El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA; 10 Aug 2004

References: [2004] FCAFC 202, [2004] 2 Lloyd’s Rep 537 Links: Austilii Coram: Black, Beaumont, Allsop JJ (Federal Court of Australia) ADMIRALTY AND MARITIME LAW – carriage of goods by sea – Hague-Visby Rules – Australian COGSA Art 3 Rules 3, 4 and 8 – method for assessing value of cargo – where no ‘commodity exchange … Continue reading El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA; 10 Aug 2004