‘The Rafaela S’ [2002] 2 Lloyd’s Rep 403; [2003] 2 Lloyd’s Rep 113; [2005] 1 Lloyd’s Rep 347
In this case, the key focal point was as to whether a straight bill of lading was a bill of lading or similar document of title for the purposes of the Hague-Visby Rules. In the Court of Appeal concerns were raised regarding evidence of payment and it was also argued in Obiter that presentation should be necessary that was then further supported by the House of Lords9, quoting Lord Justice, in the decision in Sanders v. Mclean (1883) 11 QBD, who recognised the bill of lading as “a key which in the hands of a rightful owner is intended to unlock the door of the warehouse”.
But an element of doubt remained because whilst the House of Lords had no difficulty in regarding the bill of lading as a document of title, production is essential to gain possession of goods in international trade.
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