Naviera Mogor S.A. v. Societe Metallurgique de Normandie (The Nogar Marin) - Court of Appeal (Sir John Donaldson M.R., Mustill & Nicholls L.JJ.) - 15 January 1988

Charterers present clean bill of lading for signature by master - Master fails to record pre-existing cargo damage on mate’s receipt - Whether shipowners entitled to recover indemnity from charterers

The vessel Nogar Marin was chartererd to carry a cargo of wire rods from Caen to Tampa. The cargo was manufactured and supplied by the charterers. Although some of the coils were rusty when shipped, the ship’s agents signed clean bills of lading. Upon arrival at Tampa the damage was discovered. The receivers of the cargo arrested the vessel and claimed against the shipowners who compromised the action.