Yuzhny Zavod Metall Profil LLC v Eems Beheerder BV (The “Eems Solar”) – QBD (Admlty Ct) (Jervis Kay QC, Admiralty Registrar) – 5 June 2013

Carriage of goods by sea – Cargo claim against contractual carrier – Whether charterparty terms incorporated into contract of carriage – Whether carrier in breach of duty – Whether damage caused by carrier’s want of due diligence to make vessel seaworthy – Whether transfer of liability clause rendered void by Article III Rule 8 of Hague Rules – Whether carrier responsible for proper stowage

The claimant sought to recover damages as owner of and/or holder of the bill of lading in respect of cargo lately laden onboard the defendant’s vessel Eems Solar.