Glencore International AG v MSC Mediterranean Shipping Co SA and Another - QBD (Comm Ct) (Andrew Smith J) [2015] EWHC 1989 (Comm) - 10 July 2015

Carriage of goods by sea - Bill of lading contract providing for bill to be surrendered in exchange for the goods or a delivery order - Carrier providing computer-generated PIN code in accordance with electronic release system in use at discharge port - Whether provision of PIN code was a "Delivery Order" - Goods misappropriated - Whether carrier in breach of contract

The claimant cargo owner (Glencore) claimed damages against the defendant carrier (MSC) for breach of contract, bailment and conversion in relation to a cargo of three containers of cobalt briquettes. The cargo had been shipped from Fremantle to Antwerp under a bill of lading issued by MSC and dated 21 May 2012. The bill named Glencore as the shipper, and C Steinweg NV (Steinweg), Glencore’s agents at Antwerp, as notify party.