ABSTRACT
The common law position If the action is brought by a shipper, the bill of lading will either be prima facie evidence, or no evidence if ‘claused’. It will never be conclusive evidence.4 If the action is brought by the indorsee, the equitable doctrine of estoppel will generally mean that statements in the bill of lading become conclusive evidence. However, some statements in the bill of lading may still have only prima facie effect, even when the action is brought by an indorsee. A ‘claused’ bill of lading will oblige shipper and indorsee to support their claim by independent evidence of those statements in the bill that are qualified in this way.
