The Sennar (No. 2) - Q.B.D. (Adm.Ct.) (Sheen J.) - 23 June 1983

Bill of lading containing exclusive jurisdiction clause - Whether claim for misrepresentation on face of bill constitutes action under the bill of lading

The plaintiffs were the successors in title of a German company (referred to as GfG) which purchased a quantity of Sudanese groundnut expellers from Pagco S.A. of Geneva. It was a condition of the sale contract that the goods would be shipped not later than August 1973. The consignment of groundnut expellers in question was described in the bill of lading as having been shipped on board the vessel Sennar on 30 August 1973. Before the vessel arrived at the discharge port of Rotterdam, GfG learned that in fact the groundnut expellers had not been loaded aboard Sennar before the end of August. The Master subsequently stated that the loading had been completed on 6 September 1973.