J I MacWilliam Co Inc v Mediterranean Shipping Co SA (The "Rafaela S") - QBD (Com Ct) (Langley J) - 17 April 2002

Straight consigned bill of lading - Whether document of title

Arbitrators determined a preliminary issue as to whether the carrier was entitled to limit liability for cargo damage under the US Carriage of Goods by Sea Act 1936 ("USCOGSA") or in accordance with the more generous regime of the Hague or Hague-Visby Rules enacted by the Carriage of Goods by Sea Act 1971 ("COGSA 1971"). That issue involved the determination of the question whether, as the cargo interests contended, a "straight consigned" bill of lading issued by the carrier, was a bill of lading within the meaning of section 1(4) of COGSA 1971. It was common ground that if the answer to that question was in the negative, then USCOGSA applied.