| Short Title: | Carriage of Goods by Sea Act 1992 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Long Title: | An Act to replace the Bills of Lading Act 1855 with new provision with respect to bills of lading and certain other shipping documents. |
| Citation: | 1992 c. 50 |
| Royal Assent: | 16 July 1992 |
| Commencement: | 16 September 1992 |
| Replaces: | Bills of Lading Act 1855 |
| Status: | Amended |
| Original Text: | https://www.legislation.gov.uk/ukpga/1992/50/enacted |
| Use New Uk-Leg: | yes |
| Short Title: | Bills of Lading Act 1855 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Long Title: | An Act to amend the Law relating to Bills of Lading. |
| Year: | 1855 |
| Citation: | 18 & 19 Vict. c. 111 |
| Royal Assent: | 14 August 1855 |
| Repeal Date: | 16 September 1992 |
| Repealing Legislation: | Carriage of Goods by Sea Act 1992 |
| Status: | Repealed |
| Original Text: | https://www.legislation.gov.uk/ukpga/Vict/18-19/111/contents/enacted |
| Use New Uk-Leg: | no |
| Collapsed: | yes |
The Carriage of Goods By Sea Act 1992 (c. 50) is a UK statute regarding bills for the lading of goods onto ships. It repealed the Bills of Lading Act 1855[1] (18 & 19 Vict. c. 111) and made new provisions.
The Bills of Lading Act 1855 (18 & 19 Vict. c. 111) was commendably brief and proved useful, but as time went by certain defects became apparent.[2] The English courts devised some ways round the problem: in Brandt v Liverpool (1924) [3] [4] the concept of implied contracts was developed, although the courts proved reluctant to use this concept.[5] Nevertheless, there were difficulties relating to passing of property and passing of risk.[6]
The Law Commission and the Scottish Law Commission addressed the issue in a report, "Rights of Suit in respect of Carriage of Goods by Sea".[7] [8] [9] The report contained a draft bill which Parliament adopted in full without amendment.[10]
The statute makes provision for Bills of Lading and other documents of carriage, as follows:
See main article: Bill of lading. A bill of lading serves three main functions:
Although the term "bill of lading" is well known and well understood, it may become obsolete. Articles 1:15 and 1:16 of the Rotterdam Rules create the new term "transport document"; but (assuming the Rules come into force) it remains to be seen whether shippers, carriers and "maritime performing parties" (another new Rotterdam Rules coinage) will abandon the long-established and familiar term, "bill of lading".
The Carriage of Goods by Sea Act 1971 incorporates the Hague-Visby Rules into English Law. These rules require (where the Article X invokes the Rules) that, on demand, the carrier must provide the shipper with a bill of lading that meets the requirements of Article III. Although CoGSA 1992 cannot amend the Hague-Visby Rules, which are an International Convention, s.4 of the 1992 Act (above) upgrades the status of a bill of lading to be conclusive evidence of receipt for shipment.