P & O Nedlloyd B.V. v Utaniko Ltd.

P & O Nedlloyd B.V. v Utaniko Ltd.

Respondents retained immediate right to possession and proprietary interest; appellants owed duties as bailees to deliver goods only against original bills of lading or to ensure sub-contractors did so. Failure to make such arrangements constituted breach of duty in bailment, causing respondents' loss. Exemption...

Source-derived case information.

Parties
Appellant: P & O Nedlloyd B. V.; Respondent: Utaniko Limited; Appellant: Dampskibsselskabet AF, 1912, Aktieselskab; Appellant: Aktieselskabet Dampskibsselskabet Svendborg; Respondent: East West Corporation
Jurisdiction
England and Wales
Judgment Date
12 February 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Bailment, Negligence, Conversion, Bills of Lading, Carriage of Goods by Sea, Contractual Exemptions
Commercial Law Shipping Law Tort Law Bailment Negligence Conversion Bills of Lading Carriage of Goods by Sea +1 more

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Summary, issues, holding and outcome

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Parties

P & O Nedlloyd B. V.

Appellant

Utaniko Limited

Respondent

Dampskibsselskabet AF, 1912, Aktieselskab

Appellant

Aktieselskabet Dampskibsselskabet Svendborg

Appellant

East West Corporation

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether respondents had title to sue in bailment or tort
  2. 2 Whether appellants owed and breached duties as bailees
  3. 3 Applicability of contractual exemption clauses

Ratio Decidendi

Respondents retained immediate right to possession and proprietary interest; appellants owed duties as bailees to deliver goods only against original bills of lading or to ensure sub-contractors did so. Failure to make such arrangements constituted breach of duty in bailment, causing respondents' loss. Exemption clauses in combined transport bills did not apply to misdelivery; appeals dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judgment and orders of first instance upheld
  • Costs below reduced to five percent for contract point