Daewoo Heavy Industries Ltd and Anr v Kilpriver Shipping Ltd and Anr (The "Kapitan Petko Voivoda") - QBD (Com Ct) (Langley J) - 11 July 2002

Hague Rules - Whether carrier entitled to rely on exceptions and limitations where cargo lost or damaged as a result of being stowed on deck in breach of contract of carriage

The claimant cargo interests brought proceedings against the charterers and the owners of the vessel Kapitan Petko Voivoda in respect of (a) the loss of 8 excavators which had been stowed on deck and which were lost overboard in heavy weather, and (b) minor damage to other excavators stowed on deck. The contracts of carriage were governed by the Hague Rules.