The Plaintiff agreed to sell men’s T-shirts to a buyer in the United States of America. The T-shirts were to be manufactured by a nonparty (Karelina). The Plaintiff sent two booking notes to the First Defendant, asking for it to arrange for transportation of the goods in two consignments. After shipment of the goods, the First Defendant issued two documents to the Plaintiff, each of which was identified as a “Forwarder’s Certificate of Receipt” (FCR). The buyer’s bank declined to make payment under a Letter of Credit issued on the buyer’s application, on the ground that the FCRs were not Bills of Lading. The goods were delivered to a receiver in the United States of America after Karelina issued a letter of indemnity to the First Defendant. After the Plaintiff inquired about the whereabouts of the goods, the First Defendant replied that they were in a warehouse and would be released in return for the original “Bill of Lading” or a letter of indemnity. The Plaintiff sued the First Defendant, which was a branch of the Second Defendant, alleging misdelivery of the goods. The Plaintiff sued the Second Defendant to make compensation if the First Defendant was unable to do so.