Sea Tank Shipping AS (formerly known as Tank Invest AS) v Vinnlustodin HF Vatryggingafelag Islands FH [2018]

Sea Tank Shipping AS (formerly known as Tank Invest AS) v Vinnlustodin HF Vatryggingafelag Islands FH [2018] EWCA Civ 276 — 22 February 2018 (Gloster LJ, Richards LJ, Flaux LJ)

“The Court of Appeal confirmed that the word "unit" in Article IV Rule 5 of the Hague Rules means a physical item and not a unit of measurement. Therefore, the Hague Rules limitation of liability cannot apply to bulk cargoes (in this case a fish oil cargo) and the carrier could not limit its liability to the (uncontested) amount of £100 per ton. Nor was the carrier assisted by a charterparty term conferring on it "the like privileges and rights and immunities" as Article IV. Without more, this only conferred the same rights as the carrier would have had under Article IV and no more.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
28th February 2018