THE ELIN and how to exclude liability for negligence

On 18 April 2019 the Commercial Court handed down judgment in The Elin. The issue was whether statements on a Bill of Lading that the carrier would not be liable for loss of or damage to deck cargo “howsoever arising” were apt to exclude liability for negligence and/or unseaworthiness. The Court found that they were.

James Leabeater KC represented the successful owners.

The judgment strongly endorses the previously controversial decision of Langley J in The Imvros. It also contains a detailed consideration of the Canada Steamship “guidelines”, confirming that they should not be applied mechanistically. The case is another important indication that there are no special rules of construction in relation to exclusion and limitation clauses.