Cargo Loading and Stowage - Legal Responsibilities The Association is grateful to Stuart Kempson of Solicitors Hill Dickinson LLP, Liverpool, for contributing this article for members' benefit. Members will no doubt be aware of the recent case of the MV " EEMS Solar " 2013. The Admiralty Court in London considered the question of whether an owner was liable to a bill of lading holder for losses resulting from the movement of cargo during the voyage. An exposition of the case can be found in Hill Dickinson's legal article. The case proved to be of great interest given its development of the law from " The Jordan II " and it was an opportune chance to revisit the long standing query of who is responsible for cargo operations under a charterparty, in a modern context of break bulk and project cargoes. Factual situation and legal questions The rising volume of shipments from China is being accompanied by a growing incidence of claims arising from alleged poor stowage and securing of break bulk and project cargoes, although it should be stressed that the problem is not unique to China. Bad stowage can cause cargo to shift and stows to collapse during the voyage, which in turn can result in damage to cargo and vessel. Practical difficulties in loading and stowing cargoes in China can be exacerbated by communication difficulties between ships' crew and stevedores. It is often the case that cargoes will be loaded by stevedores appointed by charterers or shippers under the master's supervision. This raises important questions as to responsibility for stowage: Where does liability for bad stowage lie? Is a charterer or shipper relieved of liability when the master or chief officer intervenes in or supervises loading and stowage? Does the master have a duty to intervene where bad stowage results, or might result, in his vessel being unseaworthy? NYPE Clause 8 unamended The starting position under English common law is that the duty to load and stow the cargo rests with the own