Homburg Houtimport BV v Agrosin Private Ltd (The Starsin) [2001] EWCA Civ 56 (23 January 2001)

Homburg Houtimport BV v Agrosin Private Ltd (The Starsin) [2001] EWCA Civ 56 (23 January 2001)

The Court held that the bills of lading in question were charterers' bills, not owners' bills, based on the construction of the signature box and the terms of the bills. The owner could be sued in tort for negligent stowage causing damage after title passed to the claimants, but the Himalaya clause protected the owner only to the same extent as the carrier, not further. The claimants could recover in tort for damage occurring after title passed, except for Hunter Timber, which failed to prove when title passed.

Citation
[2001] EWCA Civ 56
Parties
Plaintiffs/respondents: The Owners of the Cargo Lately Laden Aboard the Ship or Vessel 'Starsin'; Plaintiffs/respondents: Fetim B.V.; Plaintiffs/respondents: Makros Hout B.V.; Defendants/appellants: The Owners and/or Demise Charterer of the Ship or Vessel 'Starsin'; Plaintiffs/appellants: Hunter Timber Limited; Defendants/respondents: Agrosin Private Limited; Defendants/respondents: Oreanda Shipping Limited; Defendants/respondents: Continental Pacific Shipping Limited; Plaintiffs/respondents: Homburg Houtimport B.V.
Jurisdiction
England and Wales
Judgment Date
23 January 2001
Procedural Posture
Appeal From Commercial Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal dismissed in part, cross-appeal dismissed in part, judgment of Colman J largely upheld.
Legal Topics
Bills of Lading, Carrier Liability, Tortious Negligence, Himalaya Clause, Passing of Title, Demise Clause, Identity of Carrier
Shipping Law Contract Law Tort Law Bills of Lading Carrier Liability Tortious Negligence Himalaya Clause Passing of Title +2 more

Case Brief

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Parties

The Owners of the Cargo Lately Laden Aboard the Ship or Vessel 'Starsin'

Plaintiffs/respondents

Fetim B.V.

Plaintiffs/respondents

Makros Hout B.V.

Plaintiffs/respondents

The Owners and/or Demise Charterer of the Ship or Vessel 'Starsin'

Defendants/appellants

Hunter Timber Limited

Plaintiffs/appellants

Agrosin Private Limited

Defendants/respondents

Oreanda Shipping Limited

Defendants/respondents

Continental Pacific Shipping Limited

Defendants/respondents

Homburg Houtimport B.V.

Plaintiffs/respondents

Procedural Posture

Appeal From Commercial Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the bills of lading are owners' bills or charterers' bills
  2. 2 Whether the shipowner can be sued in tort by a future cargo owner for negligent stowage
  3. 3 Whether the Himalaya clause protects the shipowner from liability in tort

Ratio Decidendi

The Court held that the bills of lading in question were charterers' bills, not owners' bills, based on the construction of the signature box and the terms of the bills. The owner could be sued in tort for negligent stowage causing damage after title passed to the claimants, but the Himalaya clause protected the owner only to the same extent as the carrier, not further. The claimants could recover in tort for damage occurring after title passed, except for Hunter Timber, which failed to prove when title passed.

Court Disposition

Appeal dismissed in part, cross-appeal dismissed in part, judgment of Colman J largely upheld.

Orders

  • Bills of lading held to be charterers' bills, not owners' bills.
  • Owner liable in tort for negligent stowage causing damage after title passed to claimants, except Hunter Timber.