The Business Law Reports
[2023] Bus LR 1391
Court of Appeal
Unicredit Bank AG
v
Euronav NV
[2023] EWCA Civ 471
2023 March 28, 29;
May 4
May 4
Asplin, Popplewell, Falk LJJ
Shipping— Bill of lading— Delivery without documents— Oil company chartering ship to carry cargo— Charterparty allowing for cargo to be discharged without production of bill of lading— Cargo purchaser becoming charterer during voyage following novation agreement— Shipowners discharging cargo without presentation of bill of lading— Oil company subsequently indorsing bill of lading to bank having security interest in cargo— Bank alleging breach of contract of carriage in bill of lading in delivering cargo without production of bill— Status of bill of lading in oil company’s hands after novation of charterparty— Whether bill mere receipt for cargo or containing contract of carriage— Effect of statutory provision transferring rights to sue under contract of carriage to holder of bill of lading— Whether shipowners’ breach causing bank’s loss—
Carriage of Goods by Sea Act 1992 (c 50), s 2