The Aqasia: Article IV Rule 5 of the Hague Rules held not to apply to bulk cargoes

OVERVIEW

In its judgment in The Aqasia, handed down today, the Commercial Court has held that Article IV Rule 5 of the Hague Rules does not apply to bulk cargoes. Resolving a question that has been open for more than 90 years, Sir Jeremy Cooke held that there is no limit of liability in bulk cargo cases, because there is no relevant ‘package’ or ‘unit’ to which such limit can apply.  Lionel Persey QC and Benjamin Coffer appeared for the successful cargo interests.