Aprile SpA and Others v Elin Maritime Ltd (The “Elin”) – QBD (Comm Ct) (Stephen Hofmeyr QC sitting as a Judge of the High Court) [2019] EWHC 1001 (Comm) – 18 April 2019

Carriage of goods by sea – Deck cargo lost overboard – Whether exclusion clause exempted owners for loss and damage caused by negligence or breach of seaworthiness obligation

The claimant cargo interests brought an action against the defendant shipowners following the loss of deck cargo in heavy seas. The cargo interests alleged that the loss of the deck cargo was caused by the owners’ breach of duty and/or the contract contained in or evidenced by the bill of lading.