Glencore International AG v MSC Mediterranean Shipping Company SA & Anor [2015] EWHC 1989 (Comm) (10 July 2015)

Glencore International AG v MSC Mediterranean Shipping Company SA & Anor [2015] EWHC 1989 (Comm) (10 July 2015)

MSC did not comply with its obligations under the bill of lading by providing electronic pin codes, which did not constitute a delivery order or delivery of goods. No implied term, variation, or estoppel permitted delivery by ERS. Steinweg lacked authority to vary the contract. Glencore is entitled to damages for breach of contract and bailment.

Citation
[2015] EWHC 1989 (Comm)
Parties
Claimant: Glencore International AG; First Defendant: MSC Mediterranean Shipping Company SA; Second Defendant: MSC Home Terminal NV
Jurisdiction
England and Wales
Judgment Date
10 July 2015
Procedural Posture
Commercial Court Claim / Final Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Bills of Lading, Delivery Orders, Electronic Release Systems, Breach of Contract, Bailment, Conversion, Estoppel, Implied Terms, Variation of Contract
Contract Law Shipping Law Bailment Bills of Lading Delivery Orders Electronic Release Systems Breach of Contract Conversion +3 more

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Parties

Glencore International AG

Claimant

MSC Mediterranean Shipping Company SA

First Defendant

MSC Home Terminal NV

Second Defendant

Procedural Posture

Commercial Court Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether MSC complied with its obligations under the bill of lading by providing electronic pin codes instead of a delivery order or goods
  2. 2 Whether an implied term or variation permitted delivery by electronic release system
  3. 3 Whether Glencore is estopped from alleging breach

Ratio Decidendi

MSC did not comply with its obligations under the bill of lading by providing electronic pin codes, which did not constitute a delivery order or delivery of goods. No implied term, variation, or estoppel permitted delivery by ERS. Steinweg lacked authority to vary the contract. Glencore is entitled to damages for breach of contract and bailment.

Court Disposition

Judgment for the claimant

Orders

  • MSC to pay Glencore damages for breach of contract and bailment in the agreed sum of $1,109,364.78