J I MacWilliam Co Inc v Mediterranean Shipping Co SA (The "Rafaela") - House of Lords (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Rodger of Earlsferry and Lord Brown of Eaton-Under-Heywood) - 16 February 2005

Bill of lading - Whether straight consigned bill of lading is "a bill of lading or any similar document of title" within section 1(4) of Carriage of Goods by Sea Act 1971 and Article I(b) of Hague-Visby Rules

The issue before the House of Lords was whether a "straight consigned" bill of lading (ie a bill of lading not made out "to order") was a "bill of lading or any similar document of title" within the meaning of section 1(4) of the Carriage of Goods by Sea Act 1971 Act and Article I (b) of the Hague-Visby Rules. The cargo interests ("JIM") said that it was. The defendant carrier (MSC) said that it was not, and that it was akin to a sea waybill, merely operating as a receipt.