Standard Chartered Bank v Pakistan National Shipping Corporation (No. 2)
Jurisdiction | England & Wales |
Judgment Date | 27 May 1998 |
Date | 27 May 1998 |
Court | Queen's Bench Division (Commercial Court) |
Queen's Bench Division
Bills of lading - false statement - maker liable in deceit
A company that made a false statement on a bill of lading knowing that it would be used to induce a bank to make a payment under a letter of credit, was liable in the tort of deceit.
Mr Justice Cresswell so held in a reserved judgment in the Queen's Bench Division on April 1 when deciding in favour of the plaintiff, Standard Chartered Bank, against four defendants, Pakistan National Shipping Corporation, Seaways Maritime Ltd, Oakprime International Ltd and Mr Arvind Mehra.
HIS LORDSHIP stated that ante-dated and false bills of lading were a cancer in international trade.
A bill of lading was issued in international trade with the purpose that it should be relied upon by those into who hands it properly came; consignees, bankers and endorsees must all be within the issuer's contemplation.
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Security for performance
...Is Bankasi AS v Bank of China [1998] 1 Lloyd’s Rep 250 at 251, per Hirst LJ; Standard Chartered Bank v Pakistan National Shipping Co [1998] 1 Lloyd’s Rep 684 at 701–702, per Creswell J; St George Bank Ltd v Salzberger [2001] NSWCA 67; CLA Engineering Ltd v DBS Bank (Hong Kong) Ltd [2018] HK......