The Morviken - House of Lords (Lords Diplock, Keith, Roskill, Brandon & Brightman) - 25 November 1982

Choice of forum clause struck down as being inconsistent with Hague-Visby Rules

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.