AP MØLLER-MAERSK A/S, TRADING AS MAERSK LINE V KYOKUYO LTD

[2018] EWCA Civ 778, Court of Appeal, Lady Justice Gloster and Lord Justice Flaux, 17 April 2018

Carriage of goods - Sea waybills issued instead of bills of lading - Whether contract covered by a bill of lading - Container carriage - Package limitation - Hague Rules - Hague-Visby Rules - Carriage of Goods by Sea Act 1971

The respondent claimed as the receiver of three container loads of frozen tuna shipped at Cartagena in Spain for carriage by the appellant to Japan. Container A contained bags of frozen Bluefin tuna parts and containers B and C frozen tuna loins. The loins in container C had been restuffed into another container following a refrigeration malfunction. The judge at first instance had held against the carrier on the issue of package limitation determined by the number of containers. This was the appeal of the carrier. Sea waybills had been issued in respect of the carriage, but it was common ground that the receiver was entitled to request bills of lading. The questions upon appeal concerned the right to limit liability, and if such a right existed whether under the Hague and Hague-Visby Rules respectively the limitation was as per the containers or the pieces of tuna inside the container.