A fire destroyed the ‘Eurasian Dream’ while in port. It was carrying cars, a fire in which got out of control. It was claimed that the ship managers had been negligent. The bill of lading contracts in the present case incorporated either the Hague or Hague-Visby Rules.
Held: The vessel was unseaworthy because of deficiencies in the crew, and the damage flowed from that deficiency.
Judges:
The Honourable Mr. Justice Cresswell
Citations:
[2002] EWHC 118 (Comm)
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Papera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd and Another ComC 7-Feb-2002
. .
Cited – Morris v West Hartlepool Steam Navigation HL 1956
The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around the hatchway. The plaintiff seaman fell into the hold. There was evidence that on this ship it was quite usual for men to be sent . .
Cited by:
See Also – Papera Traders Co Ltd and Others v Hyundai Merchant Marine Co Ltd and Another ComC 18-Oct-2002
. .
See Also – Papera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd. and Another SCCO 17-Sep-2003
. .
See Also – Papera Traders Co Ltd and others v Hyundai Merchant Marine Co Ltd. and Another SCCO 17-Sep-2003
. .
Lists of cited by and citing cases may be incomplete.
Transport, Negligence
Updated: 05 June 2022; Ref: scu.167596