by Editor | Mar 7, 2021 | Carriage by Road, Summaries of Cases
Henrik Thal Jantzen, Hafnia Law, Denmark In three recent judgements – the first one being delivered in August 2019 and the last one being delivered in April 2020 – the Danish Maritime and Commercial Court have addressed the question of gross negligence in accordance...
by Editor | Sep 25, 2020 | Carriage by Road, Commercial Issues
John Habergham, Myton Law, Hull U.K. After a lapse of a little over a decade, the RHA have refreshed their carriage conditions. The latest version will be very familiar to most parties. The overall scheme of liability has been retained but there are a few significant...
by Editor | Aug 25, 2020 | Carriage by Road, Summaries of Cases
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam The court of Amsterdam recently held that the word ‘damage’ in art. 17 paragraph 1of the CMR presumes substantial physical change to the state of the goods and ruled out, in this case, that...
by Editor | Aug 2, 2020 | Carriage by Road, Summaries of Cases
Charlotte J. van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam On 24 March 2020 the Court of Appeal in Den Bosch (Bois-le-duc) handed down a judgment in a CMR road transport case where several parcels appeared to have been gone missing, most probably during...
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...
