Hugh Mack Company Ltd v Burns Laird Lines Ltd

JurisdictionNorthern Ireland
CourtCourt of Appeal (Northern Ireland)
Judgment Date01 Jan 1944
[C.A., N.I.],
Hugh Mack & Co., Ltd.
and
Burns & Laird Lines, Ltd.

Conditions of shipment safeguarding shipowners - Validity - Carriage of Goods by Sea Act, 1924 (14 15 Geo. 5, c. 22), sec. 3 and Schedule, Article 6.

The plaintiffs in Belfast delivered goods to the defendants for carriage to Scotland, with a consignment note and the defendants' form of receipt for the goods; both documents embodied the defendants' conditions of carriage, and both were marked "Non-negotiable." The receipt was signed on behalf of the defendants and was returned to the plaintiffs. No bill of lading was issued. The goods were lost in transit. The conditions of carriage, if valid, were sufficiently wide to protect the defendants from liability for the loss of the goods. In an action for damages for loss of the goods, Held, 1. That the Carriage of Goods by Sea Act, 1924, did not apply to the case because the receipt given was not a "bill of lading or similar document of title" 2. That section 4 of the Carriage of Goods by Sea Act, 1924, modifies Article VI of the Schedule to the Act in the case of the carriage by sea from any port in Great Britain or Northern Ireland to any other port in Great Britain or Northern Ireland, or to a port in Eire, and in such a case a carrier and a shipper are at liberty, in regard to goods of any class, to enter into any agreement in any terms as to the responsibility and liability of the...

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5 cases
  • J I MacWilliam Company Inc. v Mediterranean Shipping Company SA
    • United Kingdom
    • Court of Appeal
    • 16 April 2003
    ...document by reference to the Hague Rules and then it fell to the Northern Ireland court of appeal to do so, in Hugh Mack & Co, Ltd v. Burns & Laird Lines, Ltd (1944) Ll L Rep 377. The shipment was of men's clothing from Belfast to Glasgow, carried pursuant to a consignment note and ......
  • J I MacWilliam Company Inc. v Mediterranean Shipping Company SA ('The Rafaela S') [QBD (Comm)]
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 17 April 2002
    ...with its reference to any similar document of title, does not readily admit of any other construction." 25 I agree. In Hugh Mack & Co v Burns & Laird Lines [1944] Lloyd's Rep 377 at 383 Andrews LCJ held that "above all" the reason why a receipt for goods marked "......
  • JI MacWilliam Company Inc. v Mediterranean Shipping Company SA ('The Rafaela S')
    • United Kingdom
    • Court of Appeal
    • 16 April 2003
    ...Henderson (CP) & Co v Comptoir d'Escompte de ParisELR(1873) LR 5 PC 253. Hugh Mack & Co Ltd v Burns & Laird Lines LtdUNK(1944) 77 Ll L Rep 377. International Air and Sea Cargo GmbH v Owners of the Chitral[2000] CLC Kum v Wah Tat Bank LtdUNK[1971] 1 Ll Rep 439. McCarren & Co ......
  • Lewy v Lord Chancellor's Department
    • United Kingdom
    • Court of Appeal
    • 26 March 2002
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