Richard Aikens - Bills of Lading

Refund Guarantees

by Mark Davis

(2015)

Time Charters

Seventh Edition

by Terence Coghlin, Andrew W. Baker Q.C., Julian Kenny, John D. Kimball, and Thomas H. Belknap, Jr

(2015)

Voyage Charters

Fourth Edition

by Julian Cooke, Timothy Young Q.C., Michael Ashcroft Q.C., Andrew Taylor, John D. Kimball, David Martowski, LeRoy Lambert and Michael Sturley

(2015)

Marine Insurance Legislation

Fifth Edition

by Robert Merkin

(2014)

Maritime Letters of Indemnity

by Felipe Arizon and David Semark

(2014)

International Cargo Insurance

edited by John Dunt

(2013)

The Law of Shipbuilding Contracts

Fourth Edition

by Simon Curtis

(2013)

Ship Sale and Purchase

Sixth Edition

by Iain Goldrein, Q.C., Matt Hannaford, and Paul Turner

(2013)

Marine Insurance: Law and Practice

Second Edition

by Francis Rose

(2012)

Berlingieri on Arrest of Ships

Fifth Edition

by Francesco Berlingieri

(2012)

Admiralty Jurisdiction and Practice

Fourth Edition

by Nigel Meeson and John A. Kimbell

(2012)

The Law of Tug and Tow and Offshore Contracts

Third Edition

by Simon Rainey

(2012)

Laytime and Demurrage

Sixth Edition

by John Schofield

(2012)

P&I Clubs: Law and Practice

Fourth Edition

by Steven J. Hazelwood and David Semark

(2011)

The York-Antwerp Rules: The Principles and Practice of General Average Adjustment

Third Edition

by Geoffrey N. Hudson and Michael D. Harvey

(2011)

London Maritime Arbitration

Third Edition

by Clare Ambrose, Karen Maxwell and Angharad Parry

(2010)

Marine Cargo Insurance

by John Dunt

(2010)

Shipping and the Environment

Second Edition

by Colin De La Rue and Charles B. Anderson

(2009)

Ship Registration: Law and Practice

Second Edition

by Richard Coles and Edward Watt

(2009)

Bills of Lading

by Richard Aikens, Richard Lord and Michael Bools

(2006)

Bareboat Charters

Second Edition

by Mark Davis

(2005)

Enforcement of Maritime Claims

Fourth Edition

by D. C Jackson

(2006)

Limitation of Liability for Maritime Claims

Fourth Edition

by Patrick Griggs, Richard Williams and Jeremy Farr

(2005)

Marine War Risks

Third Edition

by Michael D. Miller

(2006)

Merchant Shipping Legislation

Second Edition

by Aengus R. M. Fogarty

(2005)

The Law of Ship Mortgages

by Graeme Bowtle

(2003)

Hill and Messent on CMR: Contracts for the International Carriage of Goods by Road

Third Edition

by Donald James Hill, Andrew Messent, and David A. Glass

(2001)

EC Shipping Law

Second Edition

by Vincent Power

(1999)

SECOND EDITION

Second edition published 2016

by Informa Law from Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Informa Law from Routledge

711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2016 Richard Aikens, Richard Lord and Michael Bools

The right of Richard Aikens, Richard Lord and Michael Bools to be identified as authors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

First edition published by Informa Law from Routledge 2006

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Aikens, Richard, author.
Bills of lading / Richard Aikens, Richard Lord and Michael Bools. Second edition.
pages cm. (Lloyds shipping law library)
1.Bills of ladingGreat Britain.2.Maritime lawGreat Britain.3.Bills of lading. I.Lord, Richard, 1959 author.II.Bools, Michael D., author.III.Title.
KD1827.A35 2016
346.4102'4dc23
2015029158

ISBN: 978-0-415-74581-9 (hbk)

ISBN: 978-1-315-75087-3 (ebk)

Typeset in Plantin

by Apex CoVantage, LLC

The common law relating to bills of lading has evolved over many centuries; and as in any such evolutionary process there have been periods of rapid change and periods of relative quiet. The nine years since the first edition of this book constitute a relatively undramatic, if busy period, with many decisions handed down but few likely to have had the maritime lawyer or shipowner choking over their cornflakes.

A similar picture emerges on the regulatory and statutory front. With only one short piece of English legislation (the 1855 Bills of Lading Act) prior to COGSA 1924, then a rash of two statutes within only about 20 years of each other (COGSAs 1971 and 1992) it is unsurprising, even in an increasingly regulated world, that nothing of real practical importance in terms of substantive law has emerged since. We stress the word practical because of course it is hard to overestimate the potential impact and importance of the Rotterdam Rules. Rightly or wrongly we have taken the view that they will have no practical impact on the work of the English lawyer during any reasonably foreseeable lifetime of this edition, even allowing for the customary authorial breaches of the obligation of reasonable despatch. Thus we have made little mention of them, and not attempted any analysis of their wide-ranging provisions. Indeed the greatest changes have been not on substantive issues but ancillary and procedural ones, with Rome I and II on applicable law, Brussels I Recast on jurisdiction and numerous common law decisions on jurisdiction under the CPR, anti-suit injunctions and the like. These aspects of the law are of course as important to the practitioner as substantive ones, and are addressed in a largely rewritten Chapter 14.

Despite the limited drama on the substantive front, we hope that there will be much of interest in the new edition. The Hague Rules are now almost 100 years old, but continue to throw up problems of interpretation of practical importance as well as academic interest, as illustrated in cases such as The Limnos and The Superior Pescadores. The effect of COGSA 1992 has been clarified in cases such as The Erin Schulte and The Pace. And the common law continues to develop, with many cases and much writing on topics such as the incorporation of charterparty provisions, including dispute resolution clauses, into bills of lading and the effect of letters of indemnity. The courts have continued to grapple with issues on ancient doctrines of bailment and conversion in a modern setting in