Package limitation: Hague or Hague-Visby Rules?

In Yemgas FZCO and Others v Superior Pescadores SA (The Superior Pescadores) [2016] EWCA Civ 101, the Court of Appeal considered the fairly straightforward question of which set of Hague Rules to apply – the original 1924 set or the amended set. On 24 February 2016 Longmore, and McCombe LJJ dismissed the appeal from the decision of the first instance judge.

The claim arose out of damage to machinery and equipment intended for use in the construction of a liquid natural gas facility in Yemen. The cargo had been loaded on the vessel at the port of Antwerp in Belgium, and six bills of lading had been issued acknowledging shipment of the cargo on board the vessel in apparent good order and condition for carriage to Balhaf in Yemen.