Glencore International AG v MSC Mediterranean Shipping Co SA – Court of Appeal (Lewison and Henderson LJJ and Sir Christopher Clarke) [2017] EWCA Civ 365 – 24 May 2017

Carriage of goods by sea – Bill of lading providing for bill to be surrendered in exchange for the goods or a “Delivery Order” – Carrier providing shipper’s agents with “Release Note” containing PIN code in accordance with electronic release system in use at discharge port – Whether “Release Note” was a “Delivery Order” – Goods misappropriated – Whether carrier in breach of contract

Between January 2011 and June 2012 the claimant (Glencore) made 69 shipments of drums of cobalt briquettes which were carried by the defendant (MSC) to Antwerp. The present case concerned the 70th shipment, which was of a cargo of three such containers.