Evergreen Marine Corp v Aldgate Warehouse (Wholesale) Ltd.

Evergreen Marine Corp v Aldgate Warehouse (Wholesale) Ltd.

Aldgate was not an original party to the contracts of carriage; it did not become holder of the bills of lading and therefore is not liable for freight and demurrage under either the special freight agreement or the contracts of carriage.

Parties
Claimant: Evergreen Marine Corporation; Defendant: Aldgate Warehouse (Wholesale) Ltd
Jurisdiction
England and Wales
Judgment Date
28 March 2003
Procedural Posture
Commercial Claim / Judgment
Outcome
claim dismissed
Legal Topics
Freight Liability, Demurrage, Bills of Lading, Contractual Interpretation
Contract Law Shipping Law Freight Liability Demurrage Bills of Lading Contractual Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Evergreen Marine Corporation

Claimant

Aldgate Warehouse (Wholesale) Ltd

Defendant

Procedural Posture

Commercial Claim / Judgment

Legal Issues

  1. 1 Is Aldgate liable for freight and demurrage under the special freight agreement?
  2. 2 Was Aldgate an original party to the contracts of carriage evidenced by the bills of lading?

Ratio Decidendi

Aldgate was not an original party to the contracts of carriage; it did not become holder of the bills of lading and therefore is not liable for freight and demurrage under either the special freight agreement or the contracts of carriage.

Court Disposition

claim dismissed