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.
