Source: All England Reporter
Publisher Citation: [2001] All ER (D) 33 (Aug)
Court: Queen's Bench Division, Admiralty Court
Judge:

David Steel J
Representation Nigel Jacobs (instructed by Holman Fenwick & Willan) for the ship owner.
  Neville Phillips (instructed by Clyde & Co) for K.
  Sean O'Sullivan (instructed by RD Black & Co) for V.
Judgment Dates: 8 August 2001

Catchwords

Sale of goods - Passing of property - Reservation of right of disposal - F a s contract - Bill of lading stating that goods deliverable to seller's order - Seller and buyer claiming ownership of part of cargo - Whether property passing to buyers on shipment - s 19.

The Case

Where goods were shipped under an f a s contract, the presumption under s19 of the that where shipped goods under bills of lading were deliverable to the order of the seller, the seller reserved the right of disposal, and that the property in the goods did not pass to the buyer until the conditions imposed by the seller had been fulfilled, remained valid. In the instant case it followed that the property in the part cargo had remained at all material times with the second defendant seller.

Practice Areas

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