C. ITOH & CO. LTD. AND OTHERS v. COMPANHIA DE NAVEGAÇAO LLOYD BRASILEIRO AND STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION (BERMUDA) LTD. SAME v. REPUBLICA FEDERATIVA DO BRASIL (THE “RIO ASSU”) (No. 2)

[1999] 1 Lloyd's Rep. 115

COURT OF APPEAL

Before Lord Justice Swinton Thomas, Lord Justice Otton and Lord Justice Waller

Carriage by sea - Letter of undertaking - Construction - Damage to cargo - Cargo-owners claimed against demise charterers - P. & I. club gave letter of undertaking - Demise charterers ceased to exist - Government or state of Brazil succeeded to rights and obligations of demise charterers - Whether club’s letter of undertaking extended to cover sums as might be adjudicated recoverable from state.