||All England Reporter
|| All ER (D) 45 (Dec)
||Court of Appeal, Civil Division
Ward, Kay and Rix LJJ
||Christopher Smith (instructed by James Chan & Co) for the appellant.
||Samuel Jarman (instructed by Sanders Witherspoon) for the respondent.
||5 December 2001
Shipping - Bill of lading - Condition - Incorporation in bill of lading - Notice - Condition requiring payment of surcharge - Shipping line delegating responsibility for negotiating rates with claimant to defendant's agent - Condition being notified to claimant's agents - Claimant remaining unaware of condition - Whether notification of agents sufficient to incorporate condition in bill of lading.
Where a clause in a bill of lading stated that any requirements as to charges would be incorporated into that bill of lading, a fax from the shipping line to the named parties on that bill of lading, who were agents of a separate company, informing of surcharges was not sufficient to give notice to that company of those charges where the line had delegated responsibility for negotiating rates with that company.
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