BOREALIS A.B. v. STARGAS LTD. AND OTHERS (THE “BERGE SISAR”)

[1998] 2 Lloyd's Rep. 475

COURT OF APPEAL

Before Lord Justice Millett, Lord Justice Schiemann and Sir Brian Neill

Practice - Joinder - Jurisdiction - Application to set aside - Necessary and proper party to action - Sale of cargo of propane - Dispute as to contractual quality of propane - Buyers claimed against sellers - Buyers obtained leave to join shippers as second defendants and serve concurrent writ out of jurisdiction - Whether shippers necessary and proper party - Whether affidavit defective - Whether case not a proper one for service out of jurisdiction. Bill of lading - Section 3 - Construction - Holder of bill of lading endorsed bill to third party - Whether holder remained liable - Carriage of Goods by Sea Act, 1992, s. 3.