The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party.
Held: The shippers as the bank’s principals couldn’t be the holders of the bills endorsed to the banks, and the rights of suit were transferred with them. Nevertheless, the bailment to the shipping line continued, and the shippers rights as bailor continued. The defendants were in breach of their duties as bailees.
Mance LJ said: ‘The duties of a bailee arise out of the voluntary assumption of possession of another’s goods’
Judges:
Lord Justice Laws, Lord Justice Brooke, Lord Justice Mance
Citations:
Times 13-Feb-2003, [2003] QB 1509, [2003] EWCA Civ 83, [2003] 1 Lloyd’s Rep 239, [2003] 1 CLC 797, [2003] 2 All ER 700, [2003] 3 WLR 916, [2003] 1 All ER (Comm) 524
Links:
Statutes:
Carriage of Goods at Sea Act 1992 5(2)
Jurisdiction:
England and Wales
Citing:
Appeal from – East West Corporation v DKBS 1912 and Another ComC 7-Feb-2002
. .
Appeal from – East West Corporation v DKBS 1912 and Another ComC 27-Feb-2002
‘The purpose of the award of an enhanced rate of interest or indemnity costs is to encourage parties to make offers of settlement in the ordinary sense of that word. It is to compensate the claimant who has made an offer that should have been . .
Cited – Obestain Inc v National Mineral Development Corporation (‘The Sanix Ace’) 1987
Hobhouse J affirmed an owner’s right to recover damages (in full) in respect of loss or damage to goods, subject to the one qualification that ‘his claim may be defeated if his right is a bare proprietary one and did not include any right to . .
Cited by:
Cited – Frans Maas (Uk) Ltd v Samsung Electronics (Uk) Ltd ComC 30-Jun-2004
A large volume of mobile phones were stolen from a warehouse. The owner claimed damages from the bailee. The defendant said that standard terms applied limiting their responsibility to value calculated by weight.
Held: There was a bailment . .
Cited – Scottish and Newcastle International Limited v Othon Ghalanos Ltd HL 20-Feb-2008
The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have . .
Cited – Kamidian v Holt (on Behalf of Certain Underwriters at Lloyd’s) and others ComC 27-Jun-2008
The claimant claimed to have bought what he believed to be a genuine Faberge Egg Clock, but which his insurers said was a copy. It was loaned to an exhibition, and insured, and damaged twice. The parties disagreed as to the disappreciation value, . .
Lists of cited by and citing cases may be incomplete.
Transport, Agency, Banking
Updated: 17 October 2022; Ref: scu.179116
