Fashion Works Hatfield Ltd entered into a contract with Marine Adventure Shipping Ltd for the carriage of 8000 sewing machines and 1000 tons of cotton thread on the Queen Elizabeth I from Rotterdam to Southampton in October 2021. The contract was covered by a bill of lading which clearly stated that English law will govern the contract.

The bill of lading issued for Fashion Works Hatfield contained the following clause:

'The carrier has liberty to carry goods on deck and shipowners will not be responsible for any loss, damage or claim arising therefrom'.

5000 sewing machines were carried on deck, while 3000 sewing machines and 1000 tons of cotton thread were carried below deck.

Due to poor management of the cargo, the vessel became unbalanced during the voyage and 3321 sewing machines were washed off the deck

The Queen Elizabeth I deviated from the contractual route and stopped in Amsterdam so that the chief engineer could leave the ship. During this time, the shipmaster decided to load some additional supplies to cargo holds one and four, causing the holds to become overloaded.

Later on in the voyage, the Queen Elizabeth I ran into a strong storm during which sea water entered into holds two and three.

On arrival in Southampton, it was found that sea water had damaged 50 tons of cotton thread. It was also discovered that the sea water which had entered into the two holds may have been caused or worsened by an air conditioning valve which had been left open during a special inspection during its voyage. As a result of compressed stowing in the overloaded holds, the cotton thread had become charged with static electricity which attracted so much dirt that the cotton thread had become quite unmerchantable.

Critically evaluate the liability of the carrier under the Hague Visby Rules.