Judges: Lord Denning MR Citations: [1976] 1 Lloyds Rep 489 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 … Continue reading The Ciechocinek: CA 1976
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
Judges: Steyn J Citations: [1986] 2 Lloyd’s Rep 586 Statutes: Hague-Visby Rules A2 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 carriage. The effect of … Continue reading The Panaghia Tinnou: 1986
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
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
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
Judges: Brandon J Citations: [1977] 2 Lloyd’s Rep 416 Statutes: Hague-Visby Rules III r2 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 … Continue reading The Arawa: 1977
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
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
A cargo of oil had been carried under bills of lading incorporating the Hague-Visby Rules. There was an alleged theft of part of the cargo, and the question was whether article III rule 6 of the rules barred the claim on the ground that it had not been brought within one year. Held: The court … Continue reading The Captain Gregos: CA 1990
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
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
Munitions were consigned to Cochin on board the defendants’ vessel. A fire occurred, and part was jettisoned, the remainder being damaged. The cargo owners first claimed damages in India for short delivery under the bills of lading for the . .
Munitions were being carried to Cochin on board the defendants’ vessel. Some was jettisoned in a fire and the remainder was damaged. The cargo owners sought damages in India for short delivery under the bills of lading, as to the jettisoned cargo . .
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
