Novation of charterparty and rights of suit for misdelivery
Novation of charterparty and rights of suit for misdelivery
According to s 2(1) of the Carriage of Goods by Sea Act 1992 (the 1992 Act), a lawful holder of the bill of lading (not a charterer) is entitled to claim against the carrier for delivery of goods without a bill of lading (i.e. misdelivery). This basic rule has been questioned in a special circumstance in Unicredit Bank AG v Euronav NV [2022] EWHC 957 (Comm) along with an issue of causation in respect of the carrier’s liability for misdelivery.
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Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
24 June 2022
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Zhao, Liang
(2022)
Novation of charterparty and rights of suit for misdelivery.
Lloyd's Shipping and Trade Law, 22 (5), .
Abstract
According to s 2(1) of the Carriage of Goods by Sea Act 1992 (the 1992 Act), a lawful holder of the bill of lading (not a charterer) is entitled to claim against the carrier for delivery of goods without a bill of lading (i.e. misdelivery). This basic rule has been questioned in a special circumstance in Unicredit Bank AG v Euronav NV [2022] EWHC 957 (Comm) along with an issue of causation in respect of the carrier’s liability for misdelivery.
Text
Unicredit Bank AG case 3
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Accepted/In Press date: 21 May 2022
Published date: 24 June 2022
Identifiers
Local EPrints ID: 468562
URI: http://eprints.soton.ac.uk/id/eprint/468562
ISSN: 2577-5219
PURE UUID: 749b6b36-3282-45b0-a581-b69c5fab1bc8
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Date deposited: 18 Aug 2022 16:38
Last modified: 17 Mar 2024 04:01
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