BREFFKA & HEHNKE GMBH & CO KG AND OTHERS v AVIRE SHIPPING CO LTD AND OTHERS (THE “SAGA EXPLORER”)

[2013] 1 Lloyd's Rep. 401

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice SIMON

Carriage of goods by sea – Bills of lading – Cargo of steel pipes found to be rust-damaged on arrival – Whether bills of lading containing fraudulent representations as to order and condition of cargo on shipment – “Retla” clause – Whether German procedural agent acting for insurers of cargo owner had title to sue – Whether claimant entitled to damages for fraudulent misrepresentation.