Milan Nigeria Ltd v Angeliki B Maritime Co [2011] EWHC 892 (Comm)

Bills of lading – Title to sue – Hague Rules art IV r 2(m) – Burden of proof

The facts

Milan Nigeria Ltd were the owners of a cargo of rice. Angeliki B Maritime Co were the owners of The Angeliki B, on which the rice was transported. The claim was for alleged short delivery and caking and wetting of the rice. The bills of lading were subject to the Hague Rules. Arbitration under LMAA terms was commenced by Milan in 2002. The objections of Angeliki Maritime dismissed by the tribunal included that Milan did not have title to sue. Milan succeeded to the tune of US$150,000 out of US$396,457.42, the shortfall being due to Milan not having discharged the burden of proving that all of the damage suffered to the cargo was due to the shipowner’s breaches of the contract of carriage.