UNICREDIT BANK A.G. v EURONAV N.V.

UNICREDIT BANK A.G. v EURONAV N.V.

The Bill of Lading did not contain or evidence a contract of carriage after the charterparty was novated; no contractual relationship arose between Owners and BP under the Bill of Lading after novation; Claimant's claim fails as the Bill of Lading was a mere receipt and not a contract of carriage at the relevant time.

Parties
Claimant: UniCredit Bank A. G.; Defendant: Euronav N. V.
Jurisdiction
England and Wales
Judgment Date
28 April 2022
Procedural Posture
Commercial Claim / Final Judgment
Outcome
Claim dismissed
Legal Topics
Bills of Lading, Contract of Carriage, Novation, Misdelivery, Causation, Damages
Commercial Law Shipping Law Bills of Lading Contract of Carriage Novation Misdelivery Causation Damages

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 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

UniCredit Bank A. G.

Claimant

Euronav N. V.

Defendant

Procedural Posture

Commercial Claim / Final Judgment

Legal Issues

  1. 1 Did the Bill of Lading contain or evidence a contract of carriage after the charterparty was novated?
  2. 2 Were Owners' obligations as regards carriage contained exclusively in the Charterparty and/or Novation Agreement?
  3. 3 Did any breach by Owners cause the Bank's alleged loss or would the Bank have suffered the same loss in any event?

Ratio Decidendi

The Bill of Lading did not contain or evidence a contract of carriage after the charterparty was novated; no contractual relationship arose between Owners and BP under the Bill of Lading after novation; Claimant's claim fails as the Bill of Lading was a mere receipt and not a contract of carriage at the relevant time.

Court Disposition

Claim dismissed