Homburg Houtimport v Agrosin Private Ltd and Ors (The "Starsin") - House of Lords (Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Hobhouse of Woodborough and Lord Millett) - 13 March 2003

Carriage of goods by sea - Bills of lading containing demise clause and identity of carrier clause - Vessel time-chartered to liner company - Bills signed by agents for liner company as "Carrier" - Whether bills were charterer's bills or owner's bills - Extent to which shipowners entitled to rely on Himalaya clause - Whether cargo interests had title to sue in tort

The claimant cargo interests brought actions against the owners of the vessel Starsin in respect of wet damage to their cargo of timber and plywood. The vessel had been on time charter to Continental Pacific Shipping Ltd ("CPS"). At first instance Colman J found that 15% of all the damage was caused by rain before shipment, and 85% caused by condensation due to negligent stowage. All but one of the claimants acquired title to the goods after shipment and while the goods were still afloat.