by Editor | Nov 24, 2017 | Carriage by Air, Case Summaries
John Habergham, Myton Law, Hull U.K. This case plugs a gap in case law with regard to the common law rule against set off from freight. This rule is of some antiquity for carriage by sea and was extended to international carriage by road by RH&D International...
by Editor | Nov 10, 2017 | Case Summaries, Jurisdiction + Forum
Felipe Arizon, Arizon Abogados SLP, Spain It is no secret that Spain is a major cargo interest country where insurance recoveries against carriers account for the largest part of the maritime legal practice. The entry into force of the Spanish Shipping Act (SSA)...
by Editor | Nov 3, 2017 | Case Summaries, Commercial Issues
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The Rotterdam District Court has handed down a judgment in Overseas Shippers Association Ltd/MOL (Europe) B.V.[1] in connection with disputes that have arisen under a Frame Agreement enabling members of...
by Editor | Oct 25, 2017 | Case Summaries
By Stefanie Landauer and Dr. Marco Remiorz, Dabelstein & Passehl, Germany Facts Claimant is the transport insurer of cargo interests, the Respondent is a freight forwarding company which has been instructed by the damaged party to deliver goods (that have been...
by Editor | Oct 20, 2017 | Case Summaries, Transport Documents
Frazer Hunt and Henry Holland, Mills Oakley, Australia The District Court of New South Wales has ruled that a freight forwarder engaged in misleading or deceptive conduct by issuing house bills of lading with all the hallmarks of negotiable bills of lading where the...
by Editor | Sep 27, 2017 | Case Summaries
Ik Wei Chong, Clyde + Co, Shanghai In a recent case in Singapore, the Court of Appeal examined whether punitive damages may be awarded for a pure contractual breach. Facts PH Hydraulics & Engineering Pte Ltd (PH) designs, manufactures, and supplies heavy offshore...