via ‘Howsoever caused’ in exception clause in bill of lading covers loss due to negligence and unseaworthiness.  

The Elin (Aprile S.PA. v Elin Maritime Ltd) [2019] EWHC [1001] (Comm) involved a claim under a bill of lading for damage to a cargo carried on deck which was stated to be so carried, and was therefore not subject to the Hague Rules.