East West Corporation v DKBS 1912 & Anor [2002] EWHC 83 (Comm) (07 February 2002)

East West Corporation v DKBS 1912 & Anor [2002] EWHC 83 (Comm) (07 February 2002)

Claimants entitled to sue for misdelivery as they retained proprietary interest and were permanently deprived of goods; carriers breached delivery obligations by releasing goods without presentation of bills of lading; Chilean law and Hamburg Rules did not discharge carriers from responsibility; exceptions in bills of lading and negligence defences failed.

Citation
[2002] EWHC 83 (Comm)
Parties
Claimant: East West Corporation; Defendant: DKBS 1912; Defendant: AKTS Svenborg
Jurisdiction
England and Wales
Judgment Date
07 February 2002
Procedural Posture
Commercial Claim / Final Judgment
Outcome
Judgment for claimants
Legal Topics
Bills of Lading, Carriage of Goods by Sea Act 1992, Hamburg Rules, Title to Sue, Delivery Obligations, Customs Law, Negligence, Bailment
Shipping Law International Trade Law Commercial Law Bills of Lading Carriage of Goods by Sea Act 1992 Hamburg Rules Title to Sue Delivery Obligations +3 more

Case Brief

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Parties

East West Corporation

Claimant

DKBS 1912

Defendant

AKTS Svenborg

Defendant

Procedural Posture

Commercial Claim / Final Judgment

Legal Issues

  1. 1 Whether claimants had title to sue under the bills of lading
  2. 2 Whether delivery obligations were breached by carriers under English and Chilean law
  3. 3 Whether exceptions in the bills of lading exempted carriers from liability

Ratio Decidendi

Claimants entitled to sue for misdelivery as they retained proprietary interest and were permanently deprived of goods; carriers breached delivery obligations by releasing goods without presentation of bills of lading; Chilean law and Hamburg Rules did not discharge carriers from responsibility; exceptions in bills of lading and negligence defences failed.

Court Disposition

Judgment for claimants

Orders

  • Defendants to pay claimants $134,807.40 (Maersk) and $95,147.20 (P&O)
  • Defendants liable for delivery without presentation of bills of lading