8/14/2023 0 Comments Inherent vice insurance![]() In addition, Flaux J rejected trial judge’s analysis of ‘complete circularity’ between Hague Rules, art. In addition, he found that the adopted approach is supported by the wording of the “catch all exception” which is the only excepted peril that expressly requires the carrier to disprove his negligence before relying on this exception. He further held that such an approach is consistent with the weight of the authorities, which have applied the principles enunciated in The Glendarroch, even where the contract of carriage is governed by the Hague Rules, as well as with the principle that “he who alleges must prove”. The CA (Lady Justice Gloster, Lady Justice King and Mr Justice Flaux, sitting in the Court of Appeal) allowed the carrier’s appeal in respect of his defences of inherent vice.įlaux J, who delivered the leading judgement, ruled that that once the carrier had established the inherent vice exception, the burden of proof shifted to the cargo owners to show that there had been negligence on the part of the carrier. The carrier had failed to establish that he had adopted a sound system as underpinned by a theoretical calculation or empirical study. The High Court (Mr David Donaldson) rendered a judgement in favour of the cargo owners on the basis that, although the cargo damage was attributed to inherent vice of the goods carried, the carrier had not disproved his negligence. This case arose out of condensate damage to nine consignments of coffee, which were carried in unventilated containers from Buanaventura in Colombia to destinations in North Germany. It’s indeed a good day for carriers as the CA has now restored the balance between carriers’ and cargo owners’ interests by reversing the controversial first instance judgement in Volcafe Ltd v CSAV EWHC 516 (Comm). ![]() Volcafe Ltd v Compania Sud Americana de Vapores SA (“CSAV”) EWCA Civ 1103. Search by Category Search by Category Search by Month Search by Month Follow the IISTL blog via email Associate Professor Dr Theodora Nikaki(†).Another Nail in the Coffin? Rotterdam Rules One for the Shelves?.Off-Hire Clauses- Burden of Proof, Impact of Covid-19 and Legal Construction.No limitation of liability through the back door. Excluded wreck removal claims under art 2(d) LLMC in Hong Kong.Non-Disclosure, Materiality and Inducement in Commercial Insurance Context (Again)!.Quantifying shortfall of bunkers remaining on board on redelivery. Recovering more than allowed under The Achilleas. Economic loss and limitation under Hague-Visby Rules.Search the IISTL blog Search for: Top Posts & Pages
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |