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ARTICLE · 05 AUGUST 2019

The "ELIN" – Deck Cargo And Exclusion Clauses

The recent case of Aprile SPA v Elin Maritime Ltd ("The Elin")1 relates to a shipowners' ability under English law to exclude their liability for loss

United KingdomTransport

The recent case of Aprile SPA v Elin Maritime Ltd ("The Elin")1 relates to a shipowners' ability under English law to exclude their liability for loss of and/or damage to a cargo carried on deck, pursuant to an express exclusion clause contained on the face of a bill of lading.

Facts

The cargo was a consignment of steel equipment being transported from the port of Laem Chabang, Thailand, to the port of Djen Djen, Algeria. During the voyage, between 2 and 6 July 2016, the "ELIN" encountered heavy seas, and some of the cargo was lost and/or damaged. A part of the cargo that suffered loss and/or damage was indisputably carried on the vessel's deck and it is that cargo which was the subject of the decision.

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