THE CLAIMANT

The latest edition of The Claimant has been issued and if you would like a copy please contact us. Should you like to see any past editions please email Robert@crb.co.uk and we will be happy to send them to you. 

This leaflet includes details of recent legal cases relating to cargo claims. On occasion we include information regarding our staff. We intend to use this web page to refer to the legal judgements which are covered in detail in the hard copy version of The Claimant or in the handouts provided with our Company Brochure. Please contact us should you not have received your own copy. Do let us know if you felt the outcomes were contrary to your expectations or if you would like further information on these or any other legal decisions. This will enable us to add to the debate in further editions of The Claimant

To read the latest issue of The Claimant click on the following link (clients only, password required). CLIENT AREA

El Greco (Australia) Pty Limited & Another v. Mediterranean Shipping Co. SA Federal Court of Australia, August 2004 Bills of Lading – limitation of liability – not effective enumeration of packages. If you care to express your views regarding the dissenting judgment of Beaumont J we will pleased to report on this further in the                   Claimant 

Frans Maas (UK) Ltd v Samsung Electronics (UK) Ltd, June 2004 Burden of proof – application of conditions – limit of liability Dairy Containers Limited –v- Tasman Orient Line CV –v- Tasman Discoverer Privy Counsel April and May 2004 Bills of Lading – limitation of liability – Bill of Lading provided that carrier’s liability should be limited by reference to Hague Rules and liability deemed to be £100 per package or unit – whether limitation should be assessed by reference to current value of quantity of gold equivalent to £100 in 1924, or £100 in ordinary currency.

Sunlight Mercantile Pte Ltd & Another –v- Ever Lucky Shipping Co.Limited Republic of Singapore Court of Appeal Sept. and Nov. 2003 General Average Expenditure incurred due to unseaworthiness of vessel – Claim by shipowners against cargo owners for GA Contribution – Bill of Lading relating to deck cargo excluded responsibility for shipowners for loss and damage “howsoever arising” or “howsoever caused” – whether actionable fault on part of shipowners – English High Court decision not followed. 

Jindal Iron & Steel Co.Ltd & Others –v- Islamic Solidarity Shipping Jordan Inc. The “Jordan II” 2003 FIOS – transfer of responsibility for cargo operations from shipowner. 

J I McWilliam Co Inc. –v- Mediterranean Shipping Co S.A (THE RAFAELA S 2005) Whether straight Bills of Lading may be considered as “Bills of Lading or any similar document of title” under Art.1(b) of the Hague and Hague Visby Rules. 

Mitsubishi Corporation –v- Eastwind Transport Limited (THE IRBENSKIY PROLIV December 2004) Queen’s Bench Division Commercial Court Scope of wide exception clause.