Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "METAMORFOSIS."

[1953] 1 Lloyd's Rep. 196

ADMIRALTY DIVISION.

Before Mr. Justice Karminski.

Conflict of laws - Bill of lading - Non-delivery of cargo shipped in Greek ship from Sweden to Holland - Claim by Dutch consignees under bill of lading - Proper law of contract - Intention of parties - Incorporation of terms of charter-party entered into between Dutch Government and English agents of Greek shipowners - Charter-party and bill of lading in English language. Practice - Writ - Service out of the jurisdiction - Non-delivery under bill of lading - Claim by Dutch consignees against Greek shipowners - Ship under charter to Dutch Government - Incorporation in bill of lading of terms of charter-party (signed by English agents on behalf of shipowners) - Proper law of contract - Intention of parties - Discretion of Court - R.S.C., Order 11, r. 1 (e).

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