Carriage of Goods - Revision history

Dmcadmin at 19:40, 2 September 2026

2026-09-02T19:40:00Z

← Older revision		Revision as of 20:40, 2 September 2026
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	'''English Commercial Court: Robin Knowles J: [2025] EWHC 1878 (Comm): 22 July 2025:''' to access the note on the case, click [[Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA - The Taikoo Brilliance\|here]]		'''English Commercial Court: Robin Knowles J: [2025] EWHC 1878 (Comm): 22 July 2025:''' to access the note on the case, click [[Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA - The Taikoo Brilliance\|here]]

	Judgment Available on BAILII @ ~~<nowiki>~~https://www.bailii.org/ew/cases/EWHC/Comm/2025/1878.html~~</nowiki>~~		Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWHC/Comm/2025/1878.html

	'''BILLS OF LADING: MISDELIVERY OF CARGO: CARRIAGE OF PINE LOGS CARGO ON DECK AND UNDER DECK: VESSEL ARRESTED IN SINGAPORE TO OBTAIN SECURITY FOR CLAIMS: BILLS INCLUDED LONDON ARBITRATION CLAUSE: ARBITRATION NOT COMMENCED WITHIN ONE YEAR OF DELIVERY OF CARGO: WHETHER PROCEEDINGS IN SINGAPORE AMOUNTED TO COMMENCEMENT OF “SUIT” WITHIN ARTICLE III, RULE 6 OF THE HAGUE-VISBY RULES: WHETHER CLAIM BY LAWFUL HOLDERS OF BILLS TIME-BARRED UNDER ARTICLE III, RULE 6 FOR CARGO CARRIED ON DECK IN VIEW OF EXEMPTION TO DEFINITION OF “GOODS” IN ARTICLE I(C): ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINTS OF LAW'''		'''BILLS OF LADING: MISDELIVERY OF CARGO: CARRIAGE OF PINE LOGS CARGO ON DECK AND UNDER DECK: VESSEL ARRESTED IN SINGAPORE TO OBTAIN SECURITY FOR CLAIMS: BILLS INCLUDED LONDON ARBITRATION CLAUSE: ARBITRATION NOT COMMENCED WITHIN ONE YEAR OF DELIVERY OF CARGO: WHETHER PROCEEDINGS IN SINGAPORE AMOUNTED TO COMMENCEMENT OF “SUIT” WITHIN ARTICLE III, RULE 6 OF THE HAGUE-VISBY RULES: WHETHER CLAIM BY LAWFUL HOLDERS OF BILLS TIME-BARRED UNDER ARTICLE III, RULE 6 FOR CARGO CARRIED ON DECK IN VIEW OF EXEMPTION TO DEFINITION OF “GOODS” IN ARTICLE I(C): ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINTS OF LAW'''

Dmcadmin at 19:38, 2 September 2026

2026-09-02T19:38:53Z

← Older revision		Revision as of 20:38, 2 September 2026
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			DMC/SandT/26/14

			'''England'''

			'''Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA (The “Taikoo Brilliance”)'''

			'''English Commercial Court: Robin Knowles J: [2025] EWHC 1878 (Comm): 22 July 2025:''' to access the note on the case, click [[Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA - The Taikoo Brilliance\|here]]

			Judgment Available on BAILII @ <nowiki>https://www.bailii.org/ew/cases/EWHC/Comm/2025/1878.html</nowiki>

			'''BILLS OF LADING: MISDELIVERY OF CARGO: CARRIAGE OF PINE LOGS CARGO ON DECK AND UNDER DECK: VESSEL ARRESTED IN SINGAPORE TO OBTAIN SECURITY FOR CLAIMS: BILLS INCLUDED LONDON ARBITRATION CLAUSE: ARBITRATION NOT COMMENCED WITHIN ONE YEAR OF DELIVERY OF CARGO: WHETHER PROCEEDINGS IN SINGAPORE AMOUNTED TO COMMENCEMENT OF “SUIT” WITHIN ARTICLE III, RULE 6 OF THE HAGUE-VISBY RULES: WHETHER CLAIM BY LAWFUL HOLDERS OF BILLS TIME-BARRED UNDER ARTICLE III, RULE 6 FOR CARGO CARRIED ON DECK IN VIEW OF EXEMPTION TO DEFINITION OF “GOODS” IN ARTICLE I(C): ARBITRATION ACT 1996 SECTION 69 APPEAL ON POINTS OF LAW'''


	DMC/SandT/25/13		DMC/SandT/25/13

Dmcadmin at 11:08, 22 November 2025

2025-11-22T11:08:38Z

← Older revision		Revision as of 12:08, 22 November 2025
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	Judgment Available on e-Litigation at: '''<nowiki>https://www.elitigation.sg/gd/s/2025_SGCA_42</nowiki> '''		Judgment Available on e-Litigation at: '''<nowiki>https://www.elitigation.sg/gd/s/2025_SGCA_42</nowiki> '''

	'''BILLS OF LADING: LETTERS OF INDEMNITY: LETTERS OF CREDIT: MISDELIVERY OF CARGO WITHOUT PRESENTATION OF ORIGINAL BILLS OF LADING: TRANSFER OF RIGHTS OF SUIT FROM CARGO INTERESTS TO FINANCING BANK: UK CARRIAGE OF GOODS BY SEA ACT 1992: CAUSATION OF LOSS: DAMAGES: MARKET VALUE ASSESSMENT OF LOSS'''DMC/SandT/25/12		'''BILLS OF LADING: LETTERS OF INDEMNITY: LETTERS OF CREDIT: MISDELIVERY OF CARGO WITHOUT PRESENTATION OF ORIGINAL BILLS OF LADING: TRANSFER OF RIGHTS OF SUIT FROM CARGO INTERESTS TO FINANCING BANK: UK CARRIAGE OF GOODS BY SEA ACT 1992: CAUSATION OF LOSS: DAMAGES: MARKET VALUE ASSESSMENT OF LOSS'''


			DMC/SandT/25/12

	'''England'''		'''England'''

Dmcadmin at 11:08, 22 November 2025

2025-11-22T11:08:14Z

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	DMC/SandT/25/12		DMC/SandT/25/13

			'''Singapore'''

			'''Winson Oil Trading Pte Ltd v United Overseas Bank Ltd; Owners of the “Maersk Katalin” v Overseas Bank Ltd (The “Maersk Katalin”) [2025] 1 SLR 1371'''

			'''Singapore Court of Appeal: Sundaresh Menon CJ, Steven Chong JCA and Ang Cheng Hock J: [2025] SGCA 42: 5 September 25: click here for the note on the case: [[Winson Oil Trading Pte Ltd v United Overseas Bank Ltd; Owners of the “Maersk Katalin” v Overseas Bank Ltd (The “Maersk Katalin”)]]'''

			Judgment Available on e-Litigation at: '''<nowiki>https://www.elitigation.sg/gd/s/2025_SGCA_42</nowiki> '''

			'''BILLS OF LADING: LETTERS OF INDEMNITY: LETTERS OF CREDIT: MISDELIVERY OF CARGO WITHOUT PRESENTATION OF ORIGINAL BILLS OF LADING: TRANSFER OF RIGHTS OF SUIT FROM CARGO INTERESTS TO FINANCING BANK: UK CARRIAGE OF GOODS BY SEA ACT 1992: CAUSATION OF LOSS: DAMAGES: MARKET VALUE ASSESSMENT OF LOSS'''DMC/SandT/25/12

	'''England'''		'''England'''

Dmcadmin at 11:29, 1 November 2025

2025-11-01T11:29:59Z

← Older revision		Revision as of 12:29, 1 November 2025
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	'''English Court of Appeal: Males, Falk and Zacaroli LJJ: [2025] EWCA Civ 876: 10 July 2025: Click this link for the note on the case: [[Berge Bulk Shipping Pte Ltd v Taumata Plantations Limited]]'''		'''English Court of Appeal: Males, Falk and Zacaroli LJJ: [2025] EWCA Civ 876: 10 July 2025: Click this link for the note on the case: [[Berge Bulk Shipping Pte Ltd v Taumata Plantations Limited]]'''

	Judgment Available on BAILII @ ~~<nowiki>~~https://www.bailii.org/ew/cases/EWCA/Civ/2025/876.html</~~nowiki>~~		Judgment Available on BAILII @ https://www.bailii.org/ew/cases/EWCA/Civ/2025/876.html:[https://www.bailii.org/ew/cases/EWCA/Civ/2025/876.html]

	'''CARRIAGE OF GOODS BY SEA: DELIVERY OF CARGO WITHOUT PRODUCTION OF BILLS OF LADING, IN RETURN FOR LETTERS OF INDEMNITY (“LOIs”) SIGNED BY CHARTERERS: CLAIMS FOR MISDELIVERY OF CARGO MADE AGAINST OWNERS: OWNERS SEEK INDEMNITY FROM CHARERERS: CHARTERERS BECOME INSOLVENT: WHETHER EXPORTERS’ AGENT AND/OR EXPORTERS WERE UNDISCLOSED PRINCIPALS OF CHARTERERS UNDER LOIs'''		'''CARRIAGE OF GOODS BY SEA: DELIVERY OF CARGO WITHOUT PRODUCTION OF BILLS OF LADING, IN RETURN FOR LETTERS OF INDEMNITY (“LOIs”) SIGNED BY CHARTERERS: CLAIMS FOR MISDELIVERY OF CARGO MADE AGAINST OWNERS: OWNERS SEEK INDEMNITY FROM CHARERERS: CHARTERERS BECOME INSOLVENT: WHETHER EXPORTERS’ AGENT AND/OR EXPORTERS WERE UNDISCLOSED PRINCIPALS OF CHARTERERS UNDER LOIs'''

Dmcadmin at 11:26, 1 November 2025

2025-11-01T11:26:50Z

← Older revision		Revision as of 12:26, 1 November 2025
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			DMC/SandT/25/12

			'''England'''

			'''Berge Bulk Shipping Pte Ltd v Taumata Plantations Limited, Tiaki Plantations Company and OTPP New Zealand Forest Investments Limited (The “Cosmos Harmony”)'''

			'''English Court of Appeal: Males, Falk and Zacaroli LJJ: [2025] EWCA Civ 876: 10 July 2025: Click this link for the note on the case: [[Berge Bulk Shipping Pte Ltd v Taumata Plantations Limited]]'''

			Judgment Available on BAILII @ <nowiki>https://www.bailii.org/ew/cases/EWCA/Civ/2025/876.html</nowiki>

			'''CARRIAGE OF GOODS BY SEA: DELIVERY OF CARGO WITHOUT PRODUCTION OF BILLS OF LADING, IN RETURN FOR LETTERS OF INDEMNITY (“LOIs”) SIGNED BY CHARTERERS: CLAIMS FOR MISDELIVERY OF CARGO MADE AGAINST OWNERS: OWNERS SEEK INDEMNITY FROM CHARERERS: CHARTERERS BECOME INSOLVENT: WHETHER EXPORTERS’ AGENT AND/OR EXPORTERS WERE UNDISCLOSED PRINCIPALS OF CHARTERERS UNDER LOIs'''


	DMC/SandT/25		DMC/SandT/25

Dmcadmin at 12:16, 27 March 2025

2025-03-27T12:16:52Z

← Older revision		Revision as of 13:16, 27 March 2025
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			DMC/SandT/25

			'''England'''

			'''Tanga Pharmaceuticals Plastics Limited & Ors v Emirates Shipping Line FZE (The “Alion”)'''

			'''English Commercial Court: Mr Justice Bright: [2025] EWHC 368 (Comm): 27 February 2025:''' for the note on this case, follow this link: [[ Tanga Pharmaceuticals Plastics Limited & Ors v Emirates Shipping Line FZE (The “Alion”)]]

			Judgment Available on BAILII [[@ https://www.bailii.org/ew/cases/EWHC/Comm/2025/368.html]]

			'''CARRIAGE OF GOODS BY SEA: BILLS OF LADING CONTRACTUALLY INCORPORATING HAGUE RULES: ADDITIONAL CONTRACTUAL TIME-BAR CLAUSES MORE FAVOURABLE TO THE CARRIER THAN HAGUE RULES: WHICH OF CONFLICTING CLAUSES TAKE PRECEDENCE: THE EFFECT OF ARTICLE III RULES 6 AND 8 OF THE HAGUE RULES ON THE EXPRESS CONTRACTUAL TIME-BARS'''


	DMC/SandT/24/17		DMC/SandT/24/17

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	DMC/SandT/10/01		DMC/SandT/10/01

	'''Nile Dutch Africa Line B.V, Rotterdam, the Netherlands (“NDAL”) v. (1) Delta Lloyd Schadeverzekering N.V., Rotterdam, the Netherlands (“Delta Lloyd”), (2) Premium Tobacco Investments N.V., Amsterdam, the Netherlands (“Tobacco”), (3) M. Meerapfel Söhne A.G., Basel, Switzerland (“Meerapfel”) and (4) CETAC, Douala, Cameroon (“Cetac”) - [[The “NDS Provider”]] -		'''Nile Dutch Africa Line B.V, Rotterdam, the Netherlands (“NDAL”) v. (1) Delta Lloyd Schadeverzekering N.V., Rotterdam, the Netherlands (“Delta Lloyd”), (2) Premium Tobacco Investments N.V., Amsterdam, the Netherlands (“Tobacco”), (3) M. Meerapfel Söhne A.G., Basel, Switzerland (“Meerapfel”) and (4) CETAC, Douala, Cameroon (“Cetac”) - [[The “NDS Provider”]] -'''
	'''Dutch Supreme Court'''		'''Dutch Supreme Court'''

	'''CARRIAGE OF GOODS BY SEA UNDER BILL OF LADING: HAGUE VISBY RULES: LIABILITY FOR DEFECTIVE CONTAINERS SUPPLIED BY CARRIER: PACKAGING OR PART OF THE VESSEL? INTERPRETATION OF TREATIES UNDER DUTCH LAW'''		'''CARRIAGE OF GOODS BY SEA UNDER BILL OF LADING: HAGUE VISBY RULES: LIABILITY FOR DEFECTIVE CONTAINERS SUPPLIED BY CARRIER: PACKAGING OR PART OF THE VESSEL? INTERPRETATION OF TREATIES UNDER DUTCH LAW'''

Dmcadmin at 17:52, 3 December 2024

2024-12-03T17:52:03Z

← Older revision		Revision as of 18:52, 3 December 2024
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			DMC/SandT/24/17

			'''England'''

			'''FIMBank plc v KCH Shipping Co Ltd (The “Giant Ace”)'''

			'''United Kingdom Supreme Court: Lords Hodge, Sales, Hamblen, Leggatt and Richards: [2024] UKSC 38: 13 November 2024:'''

			'''For a note on this decision, follow this link: [[FIMBank plc v KCH Shipping Co Ltd (The “Giant Ace”)]]'''

			Judgment Available on BAILII @ <nowiki>https://www.bailii.org/uk/cases/UKSC/2024/38.html</nowiki>

			'''BILLS OF LADING: MISDELIVERY OF CARGO: WHETHER TIME LIMIT FOR CLAIMS AGAINST THE CARRIER IN ARTICLE III, RULE 6 OF THE HAGUE VISBY RULES (AND THE HAGUE RULES) APPLIES TO CLAIMS FOR MISDELIVERY OF CARGO AFTER DISCHARGE FROM THE VESSEL: ARBITRATION ACT 1996 SECTION 69 APPEAL ON A POINT OF LAW'''



	DMC/SandT/24/16		DMC/SandT/24/16

Dmcadmin at 13:44, 18 November 2024

2024-11-18T13:44:39Z

← Older revision		Revision as of 14:44, 18 November 2024
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	'''CARRIAGE OF GOODS BY SEA: BILLS OF LADING ISSUED FOR CARGO OF SOYBEANS: UPON DISCHARGE CARGO FOUND TO BE HEAT DAMAGED: SALVAGE SALE ARRANGED FOR DAMAGED CARGO: SELLERS OF CARGO PAID SUM TO CONSIGNEES UNDER SALE CONTRACT AND CONSIGNEES’ RIGHTS UNDER BILLS OF LADING WERE ASSIGNED TO SELLERS: SELLERS BROUGHT CLAIM AGAINST OWNERS: OWNERS ARGUED CREDIT SHOULD BE GIVEN FOR SUM SELLERS HAD PAID TO CONSIGNEES: SELLERS ARGUED THAT THEIR PAYMENT TO CONSIGNEES WAS A COLLATERAL BENEFIT AND THAT THEY WERE ENTITLED TO CLAIM THE ENTIRE DIFFERENCE BETWEEN SOUND ARRIVED VALUE AND DAMAGED VALUE OF CARGO'''		'''CARRIAGE OF GOODS BY SEA: BILLS OF LADING ISSUED FOR CARGO OF SOYBEANS: UPON DISCHARGE CARGO FOUND TO BE HEAT DAMAGED: SALVAGE SALE ARRANGED FOR DAMAGED CARGO: SELLERS OF CARGO PAID SUM TO CONSIGNEES UNDER SALE CONTRACT AND CONSIGNEES’ RIGHTS UNDER BILLS OF LADING WERE ASSIGNED TO SELLERS: SELLERS BROUGHT CLAIM AGAINST OWNERS: OWNERS ARGUED CREDIT SHOULD BE GIVEN FOR SUM SELLERS HAD PAID TO CONSIGNEES: SELLERS ARGUED THAT THEIR PAYMENT TO CONSIGNEES WAS A COLLATERAL BENEFIT AND THAT THEY WERE ENTITLED TO CLAIM THE ENTIRE DIFFERENCE BETWEEN SOUND ARRIVED VALUE AND DAMAGED VALUE OF CARGO'''

Dmcadmin at 13:43, 18 November 2024

2024-11-18T13:43:48Z

← Older revision	Revision as of 14:43, 18 November 2024
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		DMC/SandT/24/16

		'''England'''

		'''AMS Ameropa Marketing and Sales AG & Anor v Ocean Unity Navigation Inc (The “Doric Valour”)'''

		'''English Court of Appeal: Males, Snowden and Underhill LJJ [2024] EWCA Civ 1312: 1 November 2024: For a note on this case, follow this link: [[AMS Ameropa Marketing and Sales AG & Anor v Ocean Unity Navigation Inc (The “Doric Valour”)]]'''

		Judgment Available on BAILII @ <nowiki>https://www.bailii.org/ew/cases/EWCA/Civ/2024/1312.html</nowiki>

		'''CARRIAGE OF GOODS BY SEA: BILLS OF LADING ISSUED FOR CARGO OF SOYBEANS: UPON DISCHARGE CARGO FOUND TO BE HEAT DAMAGED: SALVAGE SALE ARRANGED FOR DAMAGED CARGO: SELLERS OF CARGO PAID SUM TO CONSIGNEES UNDER SALE CONTRACT AND CONSIGNEES’ RIGHTS UNDER BILLS OF LADING WERE ASSIGNED TO SELLERS: SELLERS BROUGHT CLAIM AGAINST OWNERS: OWNERS ARGUED CREDIT SHOULD BE GIVEN FOR SUM SELLERS HAD PAID TO CONSIGNEES: SELLERS ARGUED THAT THEIR PAYMENT TO CONSIGNEES WAS A COLLATERAL BENEFIT AND THAT THEY WERE ENTITLED TO CLAIM THE ENTIRE DIFFERENCE BETWEEN SOUND ARRIVED VALUE AND DAMAGED VALUE OF CARGO'''