The following Commercial practice note Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court provides comprehensive and up to date legal information covering:
This Practice Note describes the purpose and functions of sea carriage documents with reference to the delivery of cargo, in particular it examines a bill of lading and sea waybills. It considers how bills of lading may either be charterers’ bills or owner’s bills, and how they act as evidence for a contract of carriage or as security for finance.
A sea carriage document is presented to obtain delivery of cargo, either at the port of discharge or the place of delivery, which will depend on the type of sea carriage document issued by the carrier to the shipper. That document may either be:
a bill of lading, or
a sea waybill
There is additional information on bills of lading and sea waybills in the Practice Note: Bills of lading and sea waybills.
A bill of lading may be:
a bearer bill of lading:
cargo covered by this type of bill of lading is only deliverable to the person holding and presenting an original of it
an order/negotiable/transferable bill of lading:
this type of bill of lading is one made out ‘to order’. The carrier undertakes to deliver the cargo under the shipper’s order rather than to a named consignee. That order will be given by endorsement on the original bill of lading to the person to whom delivery should be made, ie
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Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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