The Morviken - Court of Appeal (Lord Denning M.R. Ackner L.J. and Sir Sebag Shaw) - 13 January 1982

Carrier unable to avoid liabilities under Hague-Visby Rules by selecting more favourable proper law for bill of lading

In March 1978 an asphalt road-finishing machine was shipped on board a Dutch vessel at Leith for carriage to Bonaire in the Dutch Antilles. The machine was transhipped in Holland to the Norwegian vessel Morviken for on-carriage to Bonaire. As the machine was being discharged at Bonaire it was dropped and severely damaged. The owners of the machine brought an action against the carriers under the bill of lading in the English courts.