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In the “Maersk Tangier” [2018] EWCA Civ 778, the Court of Appeal has issued a leading judgment (upholding the decision of the Commercial Court) determining for the first time under English law what constitutes a ‘unit’ for the purposes of limitation under Article IV Rule 5 of the Hague Rules and the Hague-Visby Rules. The decision also provides important guidance on whether the Hague-Visby Rules can be compulsorily applicable even though the carrier issued a sea waybill rather than a bill of lading. Clyde & Co represented the successful Respondents in the case.
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