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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.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts