COGSA 1992 further clarified

Primetrade AG v Ythan Ltd [2005] EWHC 2399 (Comm)

Chris Nicoll

The Carriage of Goods by Sea Act 1992 is once again the subject of judicial clarification. Section 3 and the requirement to make a claim as part of the process by which liabilities may become vested in the lawful holder of a bill of lading was last considered by the House of Lords in Borealis AB v Stargas Ltd (The Berge Sisar) [2002] AC 205. Lord Hobhouse then remarked that there were difficulties which neither the drafting nor the Law Commission Report face up to. Some of these difficulties along with interpretation of other parts of the Act are ameliorated and assisted by the decision of Aikens J in Primetrade AG v Ythan Ltd [2005] EWHC 2399 (Comm).