Unicredit Bank AG v Euronav NV

Subject Matter

SHIPPING — Bill of lading — Release of goods without production of — Charterers selling cargo of fuel oil and novating charterparty to buyers without indorsing bill of lading — Cargo discharged without requiring production of bill of lading — Whether bill of lading containing or evidencing contract of carriage

[2022] EWHC 957 (Comm); [2023] 1 All ER (Comm) 166; [2022] 2 Lloyd's Rep 467, QBD

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

[2023] EWCA Civ 471; [2023] Bus LR 1391; [2024] 1 All ER (Comm) 36; [2024] 1 Lloyd's Rep 177; [2023] WLR(D) 237, CA

Appellate History