Jarl Tra AB & Ors v Convoys Ltd.

Jarl Tra AB & Ors v Convoys Ltd.

Convoys was entitled to exercise a general lien over timber cargoes discharged and stockpiled before 17 December 2001 under the Crescent Wharves Ltd Wharfingers Clause for charges owed by Siöwalls. However, Convoys waived their right to exercise a lien over goods shipped or paid for in advance after assurances were given that such goods would not be detained if charges were prepaid. Storage charges, interest, and legal costs could not be included in the lien as the applicable terms did not provide for them.

Parties
Claimant: Jarl Trä AB; Claimant: Ingvar Wilhelmsson Trävaru AB; Claimant: AB Viking Timber; Defendant: Convoys Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2003
Procedural Posture
Commercial Claim / Judgment
Outcome
Partially allowed
Legal Topics
Lien, Sub Bailment, Damages for Detention, Warehouse Law, Shipping Contracts
Commercial Law Contract Law Bailment Lien Sub Bailment Damages for Detention Warehouse Law Shipping Contracts

Case Brief

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Parties

Jarl Trä AB

Claimant

Ingvar Wilhelmsson Trävaru AB

Claimant

AB Viking Timber

Claimant

Convoys Limited

Defendant

Procedural Posture

Commercial Claim / Judgment

Legal Issues

  1. 1 Whether Convoys Limited was entitled to exercise a general lien over timber cargoes for debts owed by Siöwalls AB.
  2. 2 Whether the claimants consented to the sub-bailment terms allowing such a lien.
  3. 3 Whether Convoys waived their right of lien by assurance given to Siöwalls and claimants.

Ratio Decidendi

Convoys was entitled to exercise a general lien over timber cargoes discharged and stockpiled before 17 December 2001 under the Crescent Wharves Ltd Wharfingers Clause for charges owed by Siöwalls. However, Convoys waived their right to exercise a lien over goods shipped or paid for in advance after assurances were given that such goods would not be detained if charges were prepaid. Storage charges, interest, and legal costs could not be included in the lien as the applicable terms did not provide for them.

Court Disposition

Partially allowed

Orders

  • Wilhelmsson and Viking to recover sums paid into court for release of their goods.
  • Jarl Trä to recover a proportionate sum paid into court for goods shipped on the Arosita in December 2001; Convoys to retain the balance.