The Aqasia [2018] EWCA Civ 276: appeal dismissed

Fri, 23 February, 2018

The Court of Appeal has dismissed the carrier’s appeal in The Aqasia, upholding the judgment of Sir Jeremy Cooke at first instance. The decision confirms that Article IV Rule 5 of the Hague Rules does not apply to bulk or liquid cargoes, and that there is therefore no ‘unit’ or ‘package’ limitation for such cargoes under the Rules. Approving the unreported decision of Leggatt J in The Jamie (13 July 1988), the Court of Appeal held that ‘units’ under the Hague Rules are “identifiably separate items of cargo, as in fact shipped” [64].

Lionel Persey QC and Benjamin Coffer appeared for the successful respondents in the appeal. A copy of the judgment is available by clicking here.