Schiffart & Kohlen GmbH v. Chelsea Maritime Ltd. (The Irene’s Success) - Q.B.D. (Com. Ct.) (Lloyd J.) - 31 July 1981

Negligent carriage of goods by sea - Whether c.i.f. buyers entitled to sue carrier in tort

This was a preliminary question of law to establish whether the plaintiffs’ points of claim disclosed a cause of action. The plaintiffs were c.i.f. buyers of a cargo of coking coal carried onboard the defendants’ vessel Irene’s Success . The cargo was damaged during the voyage allegedly as a result of the defendants’ negligence. The plaintiffs could not sue in contract since they never became holders of the bill of lading. The question was whether they could sue in tort even though they were not the owners of the goods when the damage was caused.