Unicredit Bank AG v Euronav NV [2022] EWHC 957 (Comm)

Novation of charterparty and rights of suit for misdelivery

According to section 2(1) of the Carriage of Goods by Sea Act 1992 (the 1992 Act), a lawful holder of the bill of lading (not a charterer) is entitled to claim against the carrier for delivery of goods without a bill of lading (ie misdelivery). This basic rule has been questioned in specific circumstances in Unicredit Bank AG v Euronav NV [2022] EWHC 957 (Comm), which also considers an issue of causation in respect of the carrier’s liability for misdelivery.