The Maritime and Commercial High Court recently examined a direct action claim against a Dutch freight liability insurer in a carriage of goods by road dispute involving a bankrupt carrier and a Danish manufacturer of cigarettes. The premise relied on by the court in this matter, if not appealed, may seem ripe to undermine some insurance policies between liability insurers and international carriers, including proper law provisions and time limitation under a policy.
A recent Maritime and Commercial Court decision in which a carrier was found liable for a missing delivery underlines the importance of getting transport documents signed as a receipt for goods delivered. A signed transport document is the carrier's proof of delivery. Hence, in case of doubt as to whether delivery has taken place, the transport document serves as compelling evidence.
A recent Maritime and Commercial Court ruling highlights that a carrier may be exposed to unlimited liability for loss resulting from a failure to adhere to a shipper's demands regarding special precautions, even when these demands do not follow from the parties overall cooperation agreement. The case concerned PS4 consoles which were stolen during transportation after the exporter failed to inform the carrier that the consignment was theft sensitive.
The International Convention on Civil Liability for Bunker Oil Pollution Damage introduced a strict liability regime for bunker oil pollution damage. However, the Maritime and Commercial Court recently ruled that shipbrokers, chartering brokers and commercial managers that provide cargo, commercial contracts or commercial agreements but are not involved with a ship's technical operation may fall outside the scope of liable parties under the convention.
A recent Maritime and Commercial Court decision demonstrates that in order to obtain compensation after cargo has been delivered without the presentation of a bill of lading, it must be proven that the release of said cargo resulted in financial loss. Therefore, in order to pursue compensation from a carrier or agent, a seller that has received no payment from the buyer for the delivery of a consignment may need to prove that the buyer had not already obtained title to the goods delivered before their release.