Motis Exports Ltd v Dampskibsselskabet Af 1912 Akleselskab (‘the Motis): CA 20 Jan 2000

Shippers were liable under a bill of lading. The goods had been obtained from them fraudulently by means of forged bills of lading. They claimed under an exemption clause in the contract, but the claim failed since the exclusions from liability for loss or damage whilst in their possession before loading or after discharge, did not excuse them for what was a deliberate if mistaken act. Under a bill of lading contract a shipowner is both entitled and bound to deliver the goods against production of an original bill of lading, provided he has no notice of any other claim or better title to the goods.


Stuart-Smith LJ


Times 26-Jan-2000, Gazette 20-Jan-2000, [2000] 1 Lloyds Rep 211 (CA, [2000] 1 All ER (Comm) 91


England and Wales


Appeal fromMotis Exports Ltd v Dampskibsselskabet Af 1912, Aktieselskab and Another ComC 1-Mar-1999
Where goods were supposed only to be handed over by a shipper on receipt of a valid bill of lading, but were instead handed over for fraudulent bill, the shipper remained liable to the owners.
ComC . .
Lists of cited by and citing cases may be incomplete.

Transport, Contract, Commercial

Updated: 11 May 2022; Ref: scu.83876