Source: All England Reporter
Publisher Citation: [2001] All ER (D) 45 (Dec)
Court: Court of Appeal, Civil Division
Judge:

Ward, Kay and Rix LJJ
Representation Christopher Smith (instructed by James Chan & Co) for the appellant.
  Samuel Jarman (instructed by Sanders Witherspoon) for the respondent.
Judgment Dates: 5 December 2001

Catchwords

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.

The Case

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.

Practice Areas

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