OVERVIEW
Cases nearly always turn on their own facts. Particular findings
of fact (in particular in arbitration, where there is of course no
appeal on the facts), can lead to interesting issues of law, but
also leave other questions, which might arise on slightly different
facts, unanswered.
The very recent Court of Appeal decision in
The TAI PRIZE is a good illustration [2021]
EWCA Civ 87.
It recapitulates well established principles in relation to the
representations that are made, or are not made, by the cargo
descriptions in bills of lading, but leaves open possible new
arguments for the future.
The key findings (or non-findings) of fact made by the