Misdelivery Claims In Hong Kong

Author: Mr Nick Luxton

Author position: Holman Fenwick Willan LLP

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Extract

Misdelivery Claims In Hong Kong

The Court of Final Appeal (the highest court in Hong Kong)

recently handed down an important decision on claims concerning

misdelivery of cargo in Carewins Development (China) Limited v

Bright Fortune Shipping Limited (FACV No.13 of 2008, 12 May

2009). The Court has commented on the nature of straight bills of

lading and the application of exemption clauses in contracts of

carriage.

Background

The Defendants were freight forwarders who issued bills of

lading to the Plain...