Aprile SpA and Others v. Elin Maritime Ltd (The “Elin”) – QBD (Comm Ct), 18 April 2019

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DAMAGES – LOSS OF CARGO – WHETHER SEAWORTHINESS IS AN ABSOLUTE OBLIGATION – EXCLUSION CLAUSE – BILL OF LADING Cargo interests claimed damages against Owner for loss of deck cargo during the voyage. It was asserted that the Owner was liable due to negligence and its failure to ensure the vessel was seaworthy upon commencing the voyage. Owner contended that the exclusion clause provided in the bill of lading was applicable since it covered damages “howsoever caused”. The cargo interests (Aprile SpA and Others) claimed damages against Elin Maritime Ltd (hereinafter, “Owner”) for the loss of deck cargo resultant from Owner’s breach...
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