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“Giannis N.K” Effort Shipping -v- Linden Management S.A. and Others

22nd Jan 1998

[1998] 2 WLR 206; [1998] 1 Lloyd’s Rep. 337; [1998] AC 605; [1998] 1 All ER 495; [1996] 1 Lloyd’s Rep. 577

In this shipping case which went to the House of Lords, Alistair Schaff acted for the successful shipowners in what is the leading case on dangerous cargoes.

Shipping – Bill of lading – Dangerous cargo – Cargo of ground-nuts infested with Khapra beetle – Shippers unaware of infestation – Vessel ordered to leave port on discovery of infestation – Khapra beetle causing no direct danger to other cargo – Carriers dumping entire cargo at sea – Necessity for fumigation causing delay and expense to carriers – Whether shippers strictly liable – Whether ground-nut cargo of “dangerous nature” – Whether shippers’ liability affected by endorsement of bill of lading

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