by Editor | Mar 5, 2020 | Carriage by Sea, Summaries of Cases
John Habergham, Myton Law, Hull U.K. The Court of Appeal has handed down its decision in this case. This was a case in which vessel owners sought general average contributions and a proportion of cargo interests declined – on the basis that there had been actionable...
by Editor | Feb 19, 2020 | STCs, Summaries of Cases
Maurice Lynch, Special Counsel, Mills Oakley, Australia Most freight forwarders have standard terms and conditions. Whether a freight forwarder can rely upon these standard terms and conditions as a defence in disputes depends upon: whether they have been incorporated...
by Editor | Feb 12, 2020 | Carriage by Air, Summaries of Cases
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam 1. Ref: Ceva Freight LLC et al vs. China Airlines, Court of North Holland, Judgment of 4 December 2019. The facts 2.1. Ceva is a (part of) a globally operating logistic service provider, active among...
by Editor | Jan 25, 2020 | Summaries of Cases
John Habergham, Myton Law, Hull U.K. For the first time, the English High Court was asked to adjudicate on the inadmissibility of a MAIB report in a private and confidential arbitration. The rival contentions were – was the court’s permission required under...
by Editor | Jan 20, 2020 | Carriage by Road, Summaries of Cases
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...
by Editor | Jan 9, 2020 | Carriage by Road, Summaries of Cases
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...
