FERRYWAYS NV v ASSOCIATED BRITISH PORTS [2008] EWHC 225 (Comm)

[2008] 1 Lloyd's Rep. 639

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Teare

Agency - Undisclosed principal - Employment contract - Crew management company entering into contract of employment “as Employer” with crew member - Whether crew management company acting as agent for ship operator - Crew member killed by tugmaster vehicle at cargo terminal while supervising cargo operations - P&I Club paying death benefit and repatriation expenses pursuant to employment contract - Ship operator suing terminal operator for breach of stevedoring contract - Whether terminal operator entitled to rely on exclusion and limitation clauses in stevedoring contract - Unfair Contract Terms Act 1977.