Risk and responsibility in contracts of affreightment. Societe de Distribution de Toutes Merchandises en Cote d'Ivoire, trading as "SDTM-CI" and Others v Continental Lines NV and Another (The "Sea Miror") [2015] EWHC 1747 (Comm)

Introduction. TheSea Miror is a judgment on the extent to which the carrier may contractually exclude liability for damage to cargo during loading and discharge as against charterers and later holders of the bill of lading incorporating the charterparty. The decision of Flaux J highlights some of the difficulties in the meaning of "risk" and "responsibility" in contracts of affreightment.

The facts