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Glencore International v MSC Mediterranean Shipping Company

17 bytes removed, 22:08, 2 November 2017
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been implemented to avoid the incident. MSC sought remission for trial on causation.
The Court’s findings:
- This allegation had not been pleaded and it was too late to raise the issue, especially where it was clear that the thieves might have obtained the pin codes by hacking. Witnesses were not questioned on the issue, and MSC had not sought the appropriate disclosure at the relevant time.
Fn.1 Section 1(4) of the Carriage of Goods by Sea Act 1992 provides:
“References in this Act to a ship’s delivery order are references to any document which is neither a bill of lading nor a sea waybill but contains an undertaking which: 
(a) is given under or for the purpose of a contract for the carriage by sea of the goods to which the document relates….; and
 
(b) is an undertaking by the carrier to a person identified in the document to deliver the goods to which the document relates to that person.”

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