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 responsibility for loading, stowage and discharge from the shipowners to shippers, charterers and consignees. It was questioned whether the assignment was valid under the Rules
Citations:
[2003] EWCA Civ 144, [2003] 2 Lloyd’s Rep 87, [2003] 1 All ER (Comm) 747
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Transport, Contract
Updated: 23 November 2022; Ref: scu.181128
