Stournaras Stylianos Monoprosopi EPE v Maersk A/S [2024] EWHC 2494 (Comm) (07.10.24)

The Claimant purchased three copper consignments carried by Maersk from Dubai in containers under clean, straight-consigned bills of lading (B/Ls).Upon arrival in Piraeus, the containers were found to contain concrete blocks, weighing less than 50% of the expected amount and of no value. With the shippers having vanished, the Claimants contended that Maersk should have suspected an issue and claused the B/Ls. However, the Court ruled that Maersk had no reasonable means to verify the contents, absolving it of liability under Hague Rules Art. III r.3(c) and for negligent misstatement (of unawareness). No special duty of care applied (which might arise under a straight-consigned bill), as the carrier had no reason to suspect fraud.