A Danish court recently found a freight forwarder to be vicariously liable to a Danish company for fire damage caused to cargo carried by a subcontractor. The judgment suggests that a contracting carrier may incur liability where a general average situation is deemed to have occurred if it fails to provide information to its customer about the concrete circumstances that give rise to the general average situation, even when the contracting carrier holds no information about said circumstances.
A recent Maritime and Commercial Court case examined a claim for damage to goods during unloading under the Convention on the Contract for the International Carriage of Goods by Road (CMR). The court found that a CMR carrier is not liable for damage in connection with the unloading of goods irrespective of whether the unloading was performed by a driver, as drivers in such instances may be deemed to act on behalf of consignees.
The Danish High Court recently addressed whether legal proceedings against a Danish shipping company, which had contracted to carry containers from China to Copenhagen, could proceed in Denmark irrespective of the fact that the claimant and the shipping company had agreed that the dispute should be heard exclusively by the UK High Court. The Danish High Court decided that the case could nevertheless be heard in the substance by the Danish courts.
The Maritime and Commercial Court recently examined whether the theft of tobacco products was covered under the cargo policy agreed between a wholesaler and a carrier and whether the wholesaler's insurer was liable. It is clear from the judgment that cargo insurance coverage under the Danish Extended Conditions requires that the transport of insured goods commences immediately after loading onto the means of transport has taken place.
A recent Maritime and Commercial Court decision concerned carrier liability for temperature damage to a consignment of pharmaceuticals. The court's judgment signals that carriers must make quick decisions and implement actions to respond to temperature alarms in order to avoid unlimited liability.