Aprile S.PA. & Ors. v Elin Maritime Ltd ("The an") [2019]

Aprile S.PA. & Ors. v Elin Maritime Ltd ("The an") [2019] EWHC 1001— 18 April 2019 (Hofmeyr QC)

“A bill of lading provided that cargo was "loaded on deck at shipper's and/or consignee's and/or receiver's risk; the carrier and/or Owners and/or Vessel being not responsible for loss or damage howsoever arising...". The Court considered that it was difficult to conceive of wider words of exemption and held that the provision was effective to exclude Owners' liability for loss or damage to deck cargo even if caused by unseaworthiness or their negligence.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
24th April 2019