GEORGE BARKER (TRANSPORT) LTD. v. EYNON

[1974] 1 Lloyd's Rep. 65

COURT OF APPEAL

Before Lord Justice Edmund Davies, Lord Justice Stamp and Sir Gordon Willmer

Carriage of goods - General lien - Company agreeing to carrier having general lien over goods carried - Carrier instructed to carry cartons of meat - Appointment of receiver of company - Subsequent collection and delivery of cartons to consignee - Goods not in carrier's possession at date of receiver's appointment - Whether general lien for balance of account between company and carrier exercisable - Whether alleged contract waiving lien proved - Conditions of Carriage of Road Haulage Association, condition 13. Carriage of goods - General lien - Goods not in possession of carrier - Whether general lien exercisable.