COAST LINES LTD. v. HUDIG AND VEDER CHARTERING N.V.

[1972] 1 Lloyd's Rep. 53

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Megaw and Lord Justice Stephenson

Charter-party (Voyage) - Gencon form - British ship chartered to Dutch charterers - Whether charter-party governed by English law - Dutch law applying Netherlands Commercial Code (Hague Rules) to carriage by sea from Dutch ports - Whether Gencon exception clause overridden-Whether English Court should give leave under R.S.C., Order 11 to serve notice of writ issued by shipowners against charterers. Conflict of laws - Charter-party - Proper law - Whether law of flag of importance - Effect of invalidity of charter-party clause under foreign law. Practice - Writ - Charter-party governed by English law - Whether English Court will give leave to British shipowner to serve notice of writ out of jurisdiction - Foreign defendant deprived of rights under laws of his own country - Effect - R.S.C., Order 11.