ShipCalculators.com

Title of Suit

A5. Maritime Law, private and commercial

Definition

Capacity to sue under a bill of lading; addressed by COGSA 1992 in the UK.

Title to sue is the legal standing to enforce a contract of carriage as claimant. The common-law rule tied suit to property in the goods, which often left the holder of the bill without a remedy, or gave one to a party who had no interest. The UK Carriage of Goods by Sea Act 1992 cut the link: the lawful holder of a bill of lading, the consignee under a sea waybill, or the person entitled under a ship’s delivery order acquires the right to sue regardless of where property lies, with liabilities following on intermeddling.

Source: UK Carriage of Goods by Sea Act 1992