CARLOS SOTO SAU AND ANOTHER v AP MOLLER-MAERSK AS (THE “SFL HAWK”)
[2015] 1 Lloyd's Rep. 537
QUEEN'S BENCH DIVISION(COMMERCIAL COURT)
Before Mr Justice EDER
Carriage of goods by sea – Sale of goods (cfr) – Cargo of frozen swordfish rejected as unfit for human consumption – Bill of lading holder claiming damages against carrier for breach of contract of carriage – Whether bill of lading holder was owner of goods – Whether property passed on transfer of bill of lading – Whether bill of lading holder entitled to rely on “buyer in possession” exception to nemo dat quod non habet rule – Whether carrier's breach caused claimants' loss – Sale of Goods Act 1979, section 25.