THE CENTRE IN ASSOCIATION 4 PUMP COURT INVITES MEMBERS AND OTHER SHIPPING PROFESSIONALS TO ATTEND THIS HYBRID IN-PERSON & WEBINAR EVENT
The Tai Prize
Introduction
In The “Tai Prize” [2021] 2 Lloyd’s Rep 36, the Court of Appeal was faced with important issues concerning whether or not a voyage charterer was liable on the basis of an implied warranty or indemnity against inaccuracy in respect of a statement in a bill of lading that cargo was shipped “in apparent good order and condition”, in circumstances where the shippers ought to have noticed pre- shipment defects. The Court had to consider the meaning of those words in a bill of lading, whether or not they would be inaccurate, and if so whether or not any such warranty or indemnity should be implied in particular given the regime set out in the Hague Rules.
The decision of the Court was that there was no implied warranty or indemnity given, affirming the judgment of HHJ Pelling QC who had in turn allowed charterers’ appeal against an LMAA arbitrator. An
An application for permission to appeal was dismissed by the Supreme Court in April 2022, so the Court of Appeal’s judgment is (at least for now) the last word on the topic.
James Leabeater KC (who acted for the owners) and Alexander Wright KC (who acted for the charterers), both of 4 Pump Court, and an industry representative (TBA) will debate the issues that arose and explain the reasoning of the Court in this important decision for the industry.
TO REGISTER FOR THIS EVENT PLEASE CLICK HERE
