Ferryways NV v Associated British Ports – QBD (Com Ct) (Teare J) – 14 February 2008

Agency – Undisclosed principal – Contract of employment – Ship operator entering into crew management agreement – Crew management company entering into contract of employment as “Employer” with crew member – Whether crew management company entered into contract of employment as agent for ship operator – Crew member killed by tugmaster vehicle at cargo terminal while engaged in cargo operations – Terminal operator providing services on basis of stevedoring contract – P&I Club paying death benefit and repatriation expenses – Ship operator suing terminal operator for breach of stevedoring contract – Whether ship operator suffered loss – Whether terminal operator entitled to rely on exclusion and limitation clauses in stevedoring contract – Unfair Contract Terms Act 1977

(2008) 738 LMLN 1