Homburg Houtimport v Agrosin Private Ltd and Ors (The ‘Starsin’) - QBD (Com Ct)(Colman J) - 16 July 1999

Carriage of goods by sea - Bills of lading containing demise clause - Identity of carrier

The claimant cargo interests brought three actions against the owners of the vessel Starsin in respect of damage to their cargo of timber and plywood. The owners said that they were not parties to the bill of lading contracts. In relation to the claimants’ claims in negligence, the owners said inter alia that they were entitled to rely on the Himalaya clause in the bills of lading, and were not negligent so far as the stowage of the cargo was concerned.