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Commodities in Focus weekly – Issue 130
Of Paramount Importance - Tanga Pharmaceuticals Plastics Limited and others V Emirates Shipping Line Fze, (The Alion) [2025] EWHC 368 (Comm)
On 27 February 2025, the High Court handed down judgment on Tanga Pharmaceuticals Plastics Limited and others v Emirates Shipping Line FZE, (The Alion) [2025] EWHC 368 (Comm) (The "Alion"). The judgment provides useful guidance on the approach to be taken in instances where the Hague Rules are contractually incorporated into a bill of lading but conflict with another clause in the contract, and clarified the position that, unless parties have made it clear to the contrary, a "clause paramount" will override any inconsistent contractual provision.
The judgment also provides a useful contractual analysis of how one should approach the interpretation of clauses incorporated from a text outside the contract. Ultimately, this will depend on the specific circumstances; for example, sometimes the clauses of the incorporating document will, explicitly or implicitly, give an indication as to which clause is to take precedence.1
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References
1 See paragraphs [32] to [35] of the Judgment, Citing Finagra (UK) Ltd v OT Africa Line Ltd [1998] 2 Lloyd’s Rep. 622, per Rix J at p. 627 lhc and Wood v Capita Insurance Services Ltd. [2017] A.C. 1173, at [10] to [15]