477. Where a claim is brought against the carrier by a non-charterer.

Where the goods are shipped on a chartered ship by a person other than the charterer, or where a claim is brought against the carrier by a receiver who is not the charterer1, the issue arises as to who is the relevant cargo-interest's contractual carrier in a cargo claim, the shipowner or the charterer.

It is clear that where the ship is under a demise charterparty, the contract under the bill of lading is between the relevant cargo-interest and the demise charterer, and not between that cargo-interest and the shipowner2. The shipowner has divested himself of the possession and control