Aprile SPA & Ors v Elin Maritime Ltd

Aprile SPA & Ors v Elin Maritime Ltd

The exclusion clauses in the Bill of Lading, which state that the carrier is not responsible for loss or damage to deck cargo 'howsoever arising,' are clear and unambiguous and operate to exclude all liability for loss or damage to deck cargo, including that caused by unseaworthiness or negligence.

Parties
Claimant: Aprile S. P.A.; Claimant: Globtainer Logistique SARL; Claimant: Algerian Qatari Steel S. P. A.; Claimant: Danieli & C Officine Meccaniche S. P. A.; Claimant: AIG Europe Ltd; Claimant: Assicurazioni Generali S. P. A.; Claimant: L’Algérienne des Assurances 2A; Defendant: Elin Maritime Limited
Jurisdiction
England and Wales
Judgment Date
18 April 2019
Procedural Posture
Commercial Contract (carriage of Goods by Sea) / Judgment on Preliminary Issue
Outcome
Preliminary issue answered in the affirmative for the Defendant; Owner not liable for loss or damage to deck cargo, including by unseaworthiness or negligence.
Legal Topics
Exclusion Clauses, Carriage of Goods by Sea, Deck Cargo, Liability for Negligence, Unseaworthiness, Interpretation of Contracts
Commercial Law Maritime Law Contract Law Exclusion Clauses Carriage of Goods by Sea Deck Cargo Liability for Negligence Unseaworthiness +1 more

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Parties

Aprile S. P.A.

Claimant

Globtainer Logistique SARL

Claimant

Algerian Qatari Steel S. P. A.

Claimant

Danieli & C Officine Meccaniche S. P. A.

Claimant

AIG Europe Ltd

Claimant

Assicurazioni Generali S. P. A.

Claimant

L’Algérienne des Assurances 2A

Claimant

Elin Maritime Limited

Defendant

Procedural Posture

Commercial Contract (carriage of Goods by Sea) / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether, on a true construction of the Bill of Lading, the Defendant is not liable for any loss or damage to any cargo carried on deck howsoever arising, including loss or damage caused by unseaworthiness and/or the Defendant’s negligence.

Ratio Decidendi

The exclusion clauses in the Bill of Lading, which state that the carrier is not responsible for loss or damage to deck cargo 'howsoever arising,' are clear and unambiguous and operate to exclude all liability for loss or damage to deck cargo, including that caused by unseaworthiness or negligence.

Court Disposition

Preliminary issue answered in the affirmative for the Defendant; Owner not liable for loss or damage to deck cargo, including by unseaworthiness or negligence.