Marc Rich & Co AG v Bishop Rock Marine Co Ltd

The Nicholas H UKHL 4 is an English tort law case, concerning the duty of care in negligence and international law.

Facts The defendant shipping classification society certified a ship, The Nicholas H, as seaworthy after repairs to a crack that had developed. The ship was carrying lead and zinc concentrates, owned by Marc Rich & Co AG. The certifier was employed by Nippon Kaiji Kyokai, and Bishop Rock Marine Co Ltd was the ship's insurer. When the ship left port, bound from Puerto Rico to Italy, it sank, and Marc Rich's cargo was lost.

Judgment The House of Lords held the defendant owed no duty of care. The Hague Rules of 1924, an international convention, limited liability of carriers to cargo owners in respect of loss of cargo.D Nolan and K Oliphant, Lunney & Oliphant's Tort Law: Text and Materials (7th edn 2023) ch 3, 139-140

Lord Lloyd gave a dissenting opinion, as he did not see why imposing a duty of care would "upset" the Hague Rules.

See also

English tort law

References