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Package limitation for containerised cargoes: The Maersk Tangier

OVERVIEW

Robert Thomas QC and Benjamin Coffer appeared for the successful claimants in The Maersk Tangier, the first English case to consider package limitation for containerised cargoes under the Hague-Visby Rules. The Judge declined to follow El Greco v. Mediterranean Shipping [2004] 2 Lloyd’s Rep 537, in which the Federal Court of Australia held that Article IV Rule 5(c) of the Hague-Visby Rules requires cargo to be enumerated in the bill of lading “as packed”. The judgment also holds that the Hague-Visby Rules can be compulsorily applicable, even where waybills rather than bills of lading are issued.