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 no contract whatever with the stevedore, and who cannot say to the stevedore: You have broken your contract with me, and therefore I will not have you any longer in my vessel; and who has no control over what is to be paid to the stevedore, should be responsible for the failure of the stevedore to do his duty.’

Judges:

Greer J

Citations:

(1920) 4 Ll L Rep 24

Statutes:

Hague-Visby Rules

Cited by:

CitedJindal 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 . .
Lists of cited by and citing cases may be incomplete.

Transport, Contract

Updated: 09 May 2022; Ref: scu.219888