i-law

Lloyd's Maritime and Commercial Law Quarterly

“STRAIGHT” BILLS OF LADING IN THE HOUSE OF LORDS

The Rafaela S

Introduction

The House of Lords1 has upheld the decision of the Court of Appeal2 (and the formidable judgment of Rix LJ3 ) that a non-negotiable or “straight” bill of lading is within the scope of s 1(4) of the Carriage of Goods by Sea Act 1971 and Art I(b) of the Hague-Visby Rules (“HVR”).4 Accordingly, the HVR supplies the applicable carriage regime for straight bills. At bottom this was a question of construction of the language defining the sphere of application of both the statute and the international Convention to which it gave the force of law. The relevant words in each concerned “contracts of carriage covered by a bill of lading or any similar document of title”.

The decision

As long ago as 1989 four containers of printing machinery were shipped on the terms of the carrier’s standard form bill of lading. The form employed could serve as either a transferable document by the insertion of the words “or order” in the consignee box5 on the face of the bill (an “order bill”); or, in the absence of those two words, it could be simply directed to one named consignee (a “straight bill”). The bill evidenced a contract for the carriage of goods by sea initially between the shipper and the defendant carrier

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.