HOMBURG HOUTIMPORT B.V. v. AGROSIN PRIVATE LTD. AND OTHERS (THE “STARSIN”) [2001] EWCA Civ 56

[2001] 1 Lloyd's Rep. 437

COURT OF APPEAL

Before Sir Robert Morritt, V.-C., Lord Justice Chadwick and Lord Justice Rix

Bill of lading - Shipowner’s or charterer’s bill - Damage to cargo - Bills issued in respect of carriage of cargo - Bills signed as agent for carrier - Whether shipowners parties to bills of lading - Whether bills in terms entered into with shipowners’ authority - Liability of shipowners in tort in absence of contract - Whether shipowners entitled to rely on Himalaya clause - Whether claim-ants had cause of action in tort in respect of damage to cargo - Passing of title - Extent to which bad stowage caused damage sustained after title passed.