||All England Reporter
|| All ER (D) 135 (Nov)
|| EWHC 2828 (Comm)
||Queen's Bench Division, Commercial Court
||7 October 2010
Shipping - Bill of lading - Carriage of goods by sea - Holder of bill of lading - Arbitration tribunal making first award against defendant company in respect of cargo claim on basis that defendant having no title to sue as title to cargo vesting in third party - Following remittal from court, tribunal deciding that defendant having title to sue and making second award in defendant's favour - Tribunal subsequently making third award in favour of defendant in respect of value of cargo - Claimant appealing against third award on basis that defendant should have made application for recovery of such loss as a separate cause of action - Whether relevant statutory provision creating separate cause of action in respect of recovery of such loss - s 2(4).
Shipping Bill of lading. The Queen's Bench Division of the Commercial Court decided that on a proper construction of s2(4) of the (the Act), where a holder of a bill of lading had a cause of action which he or it acquired under s 2 of that Act, he could exercise those rights not only for the benefit of himself, or itself, but also for the benefit of the loser who was not pursuing a cause of action in the relevant proceedings.
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