UK Carriage of Goods by Sea Act 1992: Goodbye to Title to Sue Problems - Or Is It?

Abstract

This paper is a synopsis of a lecture delivered at the MLAANZ 19th Annual Conference in 1992. The lecture has three aims: to examine the problems created by s 1 of the UK Bills of Lading Act 1855, replicated throughout Australia and New Zealand; to examine the provisions of the UK Carriage of Goods by Sea Act 1992, which replaced the 1855 Act, to see whether this new Act solves all the title to sue issues which have affected cargo claims under English law; and lastly, to offer some comments as to whether similar statutory amendments are required in Australia and New Zealand.

Ultimately, Debattista recommends that foreign counterparts to s 1 of the UK Bills of Lading Act 1855 should be repealed, and replaced with provisions which respond to local principles of contract and tort law.