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Paramount Clause

Hague and Hague-Visby Rules, as amended
Last updated: 12-Jun-2015

In The Marinor [1996] 1 Lloyd’s Rep 301 per Colman J:

The words 'as amended' in Rider A are, in my view, intended to provide for legislative changes which may subsequently be made in respect of the subject-matter of the existing Act identified in the clause paramount. Whether those changes were effected by a subsequent Act which introduced amendments into the Act specified or by a subsequent Act which repealed the specified Act and replaced it with an Act containing amended provisions in respect of the same subject-matter would be wholly irrelevant to the owners and charterers of Marinor. The obvious purpose of incorporating the rider is to make sure that throughout the period of the time charter the current Canadian Carriage of Goods by Sea legislation is contractually incorporated. I therefore hold that the 1993 Canadian Act came to be incorporated and with it the Hague-Visby Rules.

In The Happy Ranger [20012 2 Lloyd’s Rep 357 per Tuckey LJ said at para 11:

The Hague Rules are not enacted in Italy so the first sentence of the first paragraph of clause 3 of the bill is not applicable.

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