A/S D/S Svenborg (trading in partnership as Maersk Sealand) v Far East Trading Cote D'Ivoire
= No treatment has been given--only citation information is available.
[2004] All ER (D) 220 (Dec)
Court: Comml Ct
Judgment Date: 15/12/2004
Catchwords & Digest
SHIPPING AND NAVIGATION - BILL OF LADING - FALSE BILLS - DECEIT - NO APPEARANCE BY RELEVANT DEFENDANTThe proceedings concerned the shipment of a consignment of six containers of frozen meat at Pointe-Noire in the Republic of Congo. The containers were delivered by the claimants upon production of documents described as bills of lading. The claimants contended, however, that the documents were forged and were presented by the fourth defendant. They claimed damages against him in deceit. He did not appear and was not represented. Rather than entering judgment by default, however, the claimants, who had security for their claim, chose to seek judgment on the merits.
Held - There would be judgment for the claimants on the facts. The evidence established that the fourth defendant presented forged bills to the claimants. By doing so he had impliedly represented that the bills were genuine. He therefore had committed the tort of deceit.
