As part of London International Shipping Week, the Club, will be hosting a seminar on a recent Commercial Court case, The Elin. James Leabeater QC of 4 Pump Court represented the successful ship owners in the matter, and will be taking us through the court’s decision.
The issue in the case, was whether statements on a Bill of Lading that the carrier would not be liable for loss or damage to deck cargo “howsoever arising” were apt to exclude liability for negligence and/or unseaworthiness. The judgment strongly endorses the previously controversial decision in another case, The Imvros. It also contains a detailed consideration of the Canada Steamship “guidelines”, confirming that they should not be applied mechanistically.
Alex McCooke, the Club’s LCC Manager, will provide a brief contrast between the judgment in The Elin and the position in the UAE courts, based on the Club’s recent experience in that jurisdiction.
