Mitsubishi Corporation v Eastwind Transport Ltd and Ors (The "Irbenskiy Proliv") - QBD (Com Ct) (Ian Glick QC sitting as a Deputy Judge of the High Court) - 15 December 2004

Carriage of goods by sea - Bill of lading - Exemption clause - Cargo owners claiming that goods damaged as a result of carrier's negligence and unseaworthiness and uncargoworthiness of vessel - Whether exemption clause effective to exempt carrier from liability

The claimant cargo owners claimed damages from the defendant carrier for negligence and breach of duty in failing to take reasonable care of a cargo of fresh frozen chicken parts on board the vessel. It was alleged that the vessel's refrigerator system was not working properly, that the damage to the goods was caused by the defendant's negligence, or the unseaworthiness or uncargoworthiness of its vessel.