Raymond Burke Motors Ltd. v. The Mersey Docks and Harbour Co. - Q.B.D. (Com.Ct.) (Leggatt J.) - 20 February 1985

Himalaya clause - Whether apt to exclude negligence by carrier’s agent in discharging a vessel not owned or operated by the carrier

The plaintiffs were buyers of a consignment of motor cycles from Triumph Motor Cycles (Meriden) Ltd., who acted as the plaintiffs’ agents to arrange transportation to Canada where the plaintiffs carried on business. Triumph contacted Manchester Liners Ltd., (“Manchester”) who operated out of Royal Seaforth Dock, Liverpool. The Dock was operated by the defendants who also provided services for the loading and discharge of containers to Manchester under an agreement of 13 February 1978.