Jul 13th 2017, 21:28

THE DEFINITIVE LEGAL TEXT ON BILLS OF LADING:
NOW IN A NEW FOURTH EDITION FROM SWEET & MAXWELL

An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”

As authors of this highly regarded legal text, Treitel and Reynolds must rank as the most knowledgeable and prominent commentators on current legal issues (from Oxford, naturally). We are very lucky to have their extensive expertise on display with the definitive fourth edition of “Carver on Bills of Lading”.

This leading title from Sweet and Maxwell is another established statement of law which deals specifically with the concepts and rules forming a part of the general law of contract concentrating on bills of lading. Of course, this part of contract relates particularly to problems arising in a bill of lading context on the implication of terms or specific contracts.

Writing in the Preface, the authors say that since the publication in 2011 of the third edition, three dozen cases have been reported and they are included here in useful detail for the practitioner and scholar to review.

“Carver” is rightly described as “offering exhaustive coverage of the nature and uses of bills of lading in commercial transactions, negotiations and, on occasion, disputes”. And that is what you get here from Treitel and Reynolds whose expertise is, frankly, immeasurable.

The 4th edition gives the reader the following detail: it offers an in-depth analysis of the use and operation of bills of lading and certain related documents (such as sea waybills and delivery orders) by two of the leading academics globally; it discusses the nature of a bill of lading, both as a receipt and as a contractual document; and it explains the roles of each party to the bill of lading contract.

In addition, there is coverage of the contractual effects that follow a transfer of a bill of lading, with an examination of bills of lading as documents of title. There is also a useful explanation of when and how third parties can be affected by bills of lading.

What we also found very helpful was the analysis, with an in-depth commentary, of the Hague and Hague-Visby Rules for the international carriage of goods by sea. The detail given was particularly impressive together with the commentary on the new Rotterdam Rules, which have received limited ratification but it is to be hoped will be widely adopted globally in the coming years.

Some extra features of this edition include coverage of the developments in the law relating to bills of lading since 2011, with much of the text being reworked and brought up to date for 2017. And from the new authorities discussed are the following, depending on what readers may be looking for: The Erin Schulte; Finmoon v Baltic Reefers; Glencore International AG v MSC; The Sea Miror; The Superior Pescadores; The Saga Explorer; The BBC Greenland; The Eems Solar; The Golden Endurance; The Devon; The DC Merwestone; and The Sky Jupiter.

Written by two of the foremost commentators on this area of law “Carver” is part of the British Shipping Laws Library and, as we have commented before, it is this library and others published by Sweet and Maxwell which make our lives so much easier for this is where you find the law on bills of lading.


The publication date is cited as at 2017 and the law is as stated at the end of 2016.