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Shipping – Bill of lading. SG made an unconditional tender of the bill of lading to the claimant bank on G's behalf, but the claimant had declined to accept it. The claimant refused to make payment under the letter of credit and G commenced proceedings. The claimant then paid the full amount of the face value of the letter of credit. It subsequently brought proceedings against the defendant. The judge held that the claimant had become the holder of the bill of lading when it was presented at its counters under the letter of credit, and so had acquired the right to sue on that date, or when it met G's demands. The defendant appealed. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held that, although the judge had given a different meaning to the Carriage of Goods by Sea Act 1992, s 5(2)(b), he had been right to hold that the claimant had become the holder of the bill of lading when it met G's demands and that the rights of suit under the contract of carriage had become vested in it.
Shipping – Bill of lading. SG made an unconditional tender of the bill of lading to the claimant bank on G's behalf, but the claimant had declined to accept it. The claimant refused to make payment under the letter of credit and G commenced proceedings. The claimant then paid the full amount of the face value of the letter of credit. It subsequently brought proceedings against the defendant. The judge held that the claimant had become the holder of the bill of lading when it was presented at its counters under the letter of credit, and so had acquired the right to sue on that date, or when it met G's demands. The defendant appealed. The Court of Appeal, Civil Division, in dismissing the defendant's appeal, held that, although the judge had given a different meaning to the Carriage of Goods by Sea Act 1992, s 5(2)(b), he had been right to hold that the claimant had become the holder of the bill of lading when it met G's demands and that the rights of suit under the contract of carriage had become vested in it.
The Bar Council will press for investment in justice at party conferences, the Chancellor’s Budget and Spending Review
Equip yourself for your new career at the Bar
Louise Crush of Westgate Wealth explores some key steps to take when starting out as a barrister in order to secure your financial future
Millicent Wild of 5 Essex Chambers describes her pupillage experience
Drug, alcohol and DNA testing laboratory AlphaBiolabs has made a £500 donation to Juno Women’s Aid in Nottingham as part of its Giving Back campaign
Casedo explains how to hit the ground running on your next case with a four-step plan to transform the way you work
If you are in/about to start pupillage, you will soon be facing the pupillage stage assessment in professional ethics. Jane Hutton and Patrick Ryan outline exam format and tactics
In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation
To mark the fifth anniversary of the Bar Standards Board’s Race Equality Taskforce, Dee Sekar reflects on key milestones, the role of regulation in race equality, and calls for views on the upcoming equality rules consultation
How to start a podcast? Former High Court judge Sir Nicholas Mostyn explains how he joined forces with Lord Falconer and Baroness Helena Kennedy KC to develop and present their weekly legal podcast
Daniel Barnett serves up a host of summer shows
