JI Macwilliam Co Inc v Mediterranean Shipping Company S.A. [2003] EWCA Civ 556 (16 April 2003)

JI Macwilliam Co Inc v Mediterranean Shipping Company S.A. [2003] EWCA Civ 556 (16 April 2003)

A straight bill of lading is not a 'bill of lading or any similar document of title' within the meaning of the Hague Rules and the Carriage of Goods by Sea Act 1971, as it lacks the essential characteristic of transferability/negotiability. The contract of carriage was comprised of two separate contracts, with Felixstowe as the port of shipment for the second leg. However, since the straight bill of lading does not fall within the statutory regime, the more restrictive USCOGSA limitation applies.

Citation
[2003] EWCA Civ 556
Parties
Claimant/appellant: J I MacWilliam Co Inc; Defendant/respondent: Mediterranean Shipping Company S.A. ("The Rafaela S")
Jurisdiction
England and Wales
Judgment Date
16 April 2003
Procedural Posture
Appeal From Arbitration Award (commercial Court, Queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Bills of Lading, Carriage of Goods by Sea, Interpretation of Hague Rules, Document of Title, Package Limitation, Through Bills of Lading
Shipping Law Commercial Law Arbitration Bills of Lading Carriage of Goods by Sea Interpretation of Hague Rules Document of Title Package Limitation +1 more

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Parties

J I MacWilliam Co Inc

Claimant/appellant

Mediterranean Shipping Company S.A. ("The Rafaela S")

Defendant/respondent

Procedural Posture

Appeal From Arbitration Award (commercial Court, Queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the contract of carriage was a single contract from Durban to Boston or two separate contracts (Durban-Felixstowe and Felixstowe-Boston)
  2. 2 Whether a straight bill of lading is a 'bill of lading or any similar document of title' within the meaning of the Hague Rules and the Carriage of Goods by Sea Act 1971
  3. 3 Whether Felixstowe was a 'port of shipment' for the purposes of the 1971 Act

Ratio Decidendi

A straight bill of lading is not a 'bill of lading or any similar document of title' within the meaning of the Hague Rules and the Carriage of Goods by Sea Act 1971, as it lacks the essential characteristic of transferability/negotiability. The contract of carriage was comprised of two separate contracts, with Felixstowe as the port of shipment for the second leg. However, since the straight bill of lading does not fall within the statutory regime, the more restrictive USCOGSA limitation applies.

Court Disposition

Appeal dismissed

Orders

  • The appeal by J I MacWilliam Co Inc is dismissed; the arbitrators' award and the Commercial Court's decision are upheld.