LOTUS CARS LTD AND OTHERS v. SOUTHAMPTON CARGO HANDLING PLC. AND OTHERS AND ASSOCIATED BRITISH PORTS (THE “RIGOLETTO”)

[2000] 2 Lloyd's Rep. 532

COURT OF APPEAL

Before Lord Justice Peter Gibson, Lord Justice Chadwick and Lord Justice Rix

Contract - Bailment - Himalaya clause - Stevedores’ conditions of business - Stevedores used fourth defendants’ compound at Southampton docks to store plaintiff’s sports cars awaiting shipment - One of the cars stolen - Whether stevedores and fourth defendants liable in bailment - Whether stevedores could rely on Himalaya clause contained in contract between stevedore and shipowner - Whether stevedores’ own conditions applied precluding reliance on Himalaya clause - Division of responsibility for loss.