Evergreen Marine Corp v Aldgate Warehouse (Wholesale) Ltd. [2003] EWHC 667 (Comm) (28 March 2003)

Evergreen Marine Corp v Aldgate Warehouse (Wholesale) Ltd. [2003] EWHC 667 (Comm) (28 March 2003)

Aldgate was not liable for freight or demurrage because it never became the holder of the bills of lading for the containers in question; the special freight agreement did not create an independent obligation to pay freight or demurrage absent such transfer, and the contracts of carriage were made between Evergreen...

Source-derived case information.

Citation
[2003] EWHC 667 (Comm)
Parties
Claimant: Evergreen Marine Corporation; Defendant: Aldgate Warehouse (Wholesale) Ltd
Jurisdiction
England and Wales
Judgment Date
28 March 2003
Procedural Posture
Commercial Claim for Freight and Demurrage / First Instance Judgment
Outcome
claim dismissed
Legal Topics
Freight Liability, Demurrage, Bills of Lading, Contract of Carriage, F.o.b. Contracts
Commercial Law Shipping Law Freight Liability Demurrage Bills of Lading Contract of Carriage F.o.b. Contracts

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Parties

Evergreen Marine Corporation

Claimant

Aldgate Warehouse (Wholesale) Ltd

Defendant

Procedural Posture

Commercial Claim for Freight and Demurrage / First Instance Judgment

Legal Issues

  1. 1 Whether Aldgate is liable to Evergreen for freight and demurrage under a special freight agreement or as a party to the contract of carriage evidenced by the bills of lading despite rejection of shipping documents.

Ratio Decidendi

Aldgate was not liable for freight or demurrage because it never became the holder of the bills of lading for the containers in question; the special freight agreement did not create an independent obligation to pay freight or demurrage absent such transfer, and the contracts of carriage were made between Evergreen and the named shippers (the manufacturers or sellers), not Aldgate.

Court Disposition

claim dismissed