ABSTRACT

This chapter analyzes both decisions in the case, with a view to suggesting the avenues that they leave open to interested parties, as well as the avenues that might be worthy of re-opening, if the issues are again the subject of litigation. The receiver would then present the codes at the terminal, in order to obtain the delivery of the cargo. As a consequence of the foregoing, Glencore brought a claim against Maritime Safety Committee for misdelivery in breach of its duties in contract, bailment, and for having converted the containers. As to the meaning of “ship’s delivery order”, it may also be contended that the Court of Appeal went too far and a PIN code, accompanied by appropriate undertakings, could and should qualify as a “ship’s delivery order”. Matters would undoubtably turn on the particular terms of the attornment.