THE “RIVER GURARA”

[1998] 1 Lloyd's Rep. 225

COURT OF APPEAL

Before Lord Justice Hirst, Lord Justice Phillips and Lord Justice Mummery

Carriage by sea - Limitation of liability - “Package” - Goods containerized - Bills of lading stated number of containers and/or pallets and quantified number of goods loaded therein - Vessel sank with total loss of cargo - Whether container to be treated as sole package - Whether defendants entitled to limit liability by reference to number of containers - Hague Rules art. IV, r. 5. Bill of lading - Exclusion clause - Limitation of liability - Clause provided if container not packed by carrier, container to be treated as a package - Whether defendants could rely on clause - Whether clause contrary to art. III, r. 8 of the Hague Rules and therefore void.