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Lloyd's Maritime Law Newsletter

R. A. Lister & Co. Ltd. v. E. G. Thomson (Shipping) Ltd. (The Benarty) - Court of Appeal - 9 December 1982

Practice - Whether writ may be served out of jurisdiction

The first defendant, a Scottish company, owned the vessel Benarty which they time-chartered to the second defendant, an Indian corporation. The nineteen plaintiffs in this action alleged that cargo had been damaged during the course of a voyage in November and December 1979 from Northern Europe to Indonesia. The plaintiffs claimed that they were the owners of the relevant goods, being the shippers and consignees of them and/or endorsees of the bills of lading by which the second defendant acknowledged shipment on board the vessel of the goods in good order and condition.

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