JI Macwilliam Co Inc v Mediterranean Shipping Company S.A.

A straight bill of lading, even though non-negotiable, is a bill of lading within the meaning of the Hague Rules and the Carriage of Goods by Sea Act 1971 if its production is required for delivery; thus, the Hague-Visby Rules apply to such contracts.

Parties: Claimant/appellant: J I MacWilliam Co Inc; Defendant/respondent: Mediterranean Shipping Company S. A.
Jurisdiction: England and Wales
Judgment Date: 16 April 2003
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal allowed
Legal Topics: Bills of Lading, Document of Title, Hague Rules, Hague Visby Rules, Carriage of Goods by Sea, Negotiability, Straight Bill of Lading, Sea Waybill, Package Limitation, Statutory Interpretation

Maritime Law International Trade Law Contract Law Bills of Lading Document of Title Hague Rules Hague Visby Rules Carriage of Goods by Sea +5 more

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Parties

J I MacWilliam Co Inc

Claimant/appellant

Mediterranean Shipping Company S. A.

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether a straight bill of lading is a 'bill of lading or any similar document of title' under the Hague Rules and Carriage of Goods by Sea Act 1971
2 Whether the Hague-Visby Rules apply to the contract evidenced by the straight bill of lading
3 Whether the attestation clause requiring surrender of the bill for delivery applies to straight bills

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Hague-Visby Rules apply to the contract evidenced by the straight bill of lading
All other questions put off to a date to be arranged next term