The court was asked ‘Is a shipowner entitled to demand payment to himself of freight under his bill of lading when that contract stipulates for payment to another party, provided that he makes his demand before the freight has been paid to that other party?’
Held: The direct contractual relationship brought about between the owners and the shippers is inconsistent with the owner’s entitlement to require payment of the contractual remuneration being contingent upon default by a third party.
Pill, Toulson, Tomlinson LJJ
[2013] EWCA Civ 184, [2013] 2 All ER (Comm) 295, [2013] 1 CLC 535, [2013] 1 WLR 3440, [2013] 2 Lloyd’s Rep 38
Bailii
England and Wales
Updated: 09 July 2021; Ref: scu.471734 br>