The WLR Daily case summaries
[2023] WLR(D) 237
Court of Appeal
Unicredit Bank AG v Euronav NV
[2023] EWCA Civ 471
Asplin, Popplewell, Falk LJJ
2023 March 28, 29;
May 4
May 4
Shipping— Bill of lading— Delivery without documents— Defendant shipowner issuing bill of lading to charterer— Agreement in charterparty for discharge without presentation of bill of lading— Charterparty novated to third party before completion of carriage— Defendant shipowner discharging cargo on third party’s instructions— Bill of lading subsequently indorsed by charterer to claimant bank having security interest in cargo— Claimant alleging breach of contract of carriage contained in or evidenced by bill of lading by defendant in delivering cargo without production of bill of lading— Whether claimant bank having title to sue under contract by virtue of indorsement to it of bill of lading— Whether bill of lading mere receipt —
Carriage of Goods by Sea Act 1992 (c 50), s 2