Motis Exports Ltd v Dampskibsselskabet AF 1912 AB and anr - Court of Appeal (Stuart-Smith, Mummery and Mance LJJ) - 21 December 1999

Carriers delivering cargo after discharge against production of forged bill of lading - Whether carriers liable for breach of contract and/or conversion - Whether carriers entitled to protection of clause in bill of lading providing that carrier has no liability whatsoever for loss or damage to goods after discharge

The claimant shipper claimed damages from the defendant shipowners for loss of the goods after discharge from the defendants’ vessels. The shipowners had delivered the goods after discharge against forged bills of lading. The claimant said that the defendants were liable for delivery up of the goods without production of original bills of lading. The defendants said that they were just as much the victims of fraud as the true owners of the cargo, and that they were protected by clause 5.3(b) of the bills of lading, which provided: