BOREALIS A.B. v. STARGAS LTD. AND OTHERS (THE “BERGE SISAR”) [2001] UKHL/17

[2001] 1 Lloyd's Rep. 663

HOUSE OF LORDS

Before Lord Hoffmann, Lord Mackay of Clashfern, Lord Cooke of Thorndon, Lord Hope of Craighead and Lord Hobhouse of Woodborough

Practice - Joinder - Jurisdiction - Application to set aside - Necessary and proper party to action - Sale of cargo of propane - Dispute as to contractual quality of propane - Buyers claimed against sellers - Buyers obtained leave to join shippers as second defendants and serve concurrent writ out of jurisdiction - Whether shippers necessary and proper party - Whether affidavit defective - Whether case not a proper one for service out of jurisdiction. Bill of lading - Section 3 - Construction - Holder of bill of lading endorsed bill to third party - Whether holder remained liable - Carriage of Goods by Sea Act, 1992, s. 3.