BROWNER INTERNATIONAL LTD. v. MONARCH SHIPPING CO. LTD. (THE “EUROPEAN ENTERPRISE”)

[1989] 2 Lloyd's Rep. 185

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Steyn

Carriage by sea - Limitation of liability - Damage to goods - Goods carried subject to consignment note and partial incorporation of Hague-Visby Rules - Limitation provisions in consignment note less generous than Hague-Visby Rules - Whether provisions invalidated - Whether “carrier” in art. IV, r. 5(e) referred only to carrier or included carrier acting through his agents or servants - Hague-Visby Rules, art. IV, r. 5, - Carriage of Goods by Sea Act, 1971 s. 1(6)(b).