HOMBURG HOUTIMPORT B.V. v. AGROSIN PRIVATE LTD. AND OTHERS (“THE STARSIN”) [2003] UKHL 12

[2003] 1 Lloyd's Rep. 571

HOUSE OF LORDS

Before Lord Bingham of Cornhill, Lord Steyn, Lord Hoffmann, Lord Hobhouse of Woodborough and Lord Millett

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 claimants 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.