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General Editor: Gavin Magrath, Canada.
Recent Articles
Gross negligence and limitation of liability in carriage of pharmaceuticals
Lars Rosenberg Overby and Mads Poulsen, IUNO Denmark Two cases recently decided by the Maritime and Commercial High Court both involved carriage of pharmaceuticals, and both centered on allegations of “gross negligence”, which would permit the plaintiff to avoid...
Proof of carrier’s qualified fault in case of partial loss of transported goods
Wassilis Thomas, Arnecke Sibeth Dabelstein, Germany The plaintiff's insured commissioned the defendant with a carriage by truck in Germany. In the written transport order the column "Shipment data" mentioned only "13.5 LDM" (ie, 13.5 loading metres). The consignment...
The Pith and Substance of Marine Engine Supply
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada A recent Supreme Court of Canada decision in respect of a claim by a shipping company against a supplier of marine engine parts turned on the question of whether or not the subject matter was...
The ‘Baltic Klipper’
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: District Court of Rotterdam judgment dated 10 October 2018; Etablissements Bargibant S.A., and Chubb Insurance Company of Australia Ltd v. Seatrade Group N.V. and Baltic Klipper Shipping Company...
Montreal Convention Limits Increase for 2020
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Most international carriage of goods and passengers by air falls within the ambit of the the Convention for the Unification of Certain Rules for International Carriage by Air, also known as the...
Incoterms 2020
John Habergham, Myton Law, Hull U.K. [Ed Note: the following is a summary of remarks made by John Habergham at a recent BIFA Regional Meeting] It is 10 years since the last revision of Incoterms, 2010, and I think that, although much anticipated, the new version...
Cargo claims against Chinese port operators – should carriers’ limitation of liability apply?
Ik Wei Chong, Clyde + Co, Shanghai In China, whilst it is usual practice for the cargo owners and insurers to lodge claims against ocean carriers for damage to and loss of cargo, claims against port operators are also increasing, especially when the accidents occurred...
Container Detention Charges: New Zealand
Pauline Barrett, Jones Fee, New Zealand New Zealand is a common law country that generally takes its lead in terms of case law, from the UK and other Commonwealth countries. The New Zealand courts have not, however, been bound by the decisions of any courts outside...
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