Unicredit Bank AG v Euronav NV [2022] EWHC 957 (Comm) (28 April 2022)
The Bill of Lading did not contain or evidence a contract of carriage between Owners and BP after the charterparty was novated to Gulf; therefore, no contractual liability arose for alleged misdelivery. Even if a contract existed, the Bank implicitly approved discharge without production of the Bill, and would have suffered the same loss regardless of any breach.
- Citation
- [2022] EWHC 957 (Comm)
- Parties
- Claimant: UniCredit Bank A. G.; Defendant: Euronav N. V.
- Jurisdiction
- England and Wales
- Judgment Date
- 28 April 2022
- Procedural Posture
- Commercial Damages Claim / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Bills of Lading, Contract of Carriage, Novation, Misdelivery, Damages
Case Brief
Summary, issues, holding and outcome
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Parties
UniCredit Bank A. G.
Claimant
Euronav N. V.
Defendant
Procedural Posture
Commercial Damages Claim / Final Judgment
Legal Issues
- 1 Whether the Bill of Lading contained or evidenced a contract of carriage after novation of the charterparty
- 2 Whether Owners' obligations were contained exclusively in the Charterparty and/or Novation Agreement
- 3 Causation of loss and whether the Bank caused its own loss
Ratio Decidendi
The Bill of Lading did not contain or evidence a contract of carriage between Owners and BP after the charterparty was novated to Gulf; therefore, no contractual liability arose for alleged misdelivery. Even if a contract existed, the Bank implicitly approved discharge without production of the Bill, and would have suffered the same loss regardless of any breach.
Court Disposition
Claim dismissed
Full Case Text
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