A Guide to Container Overboard Claims
Our global cargo team supports clients in managing all cargo issues. We focus on dealing with and solving problems at whatever stage they occur during the transportation process. We are experienced in handling disputes involving bills of lading, quantity or quality, shortage or contamination claims, General Average and advice on letters of indemnity.
We work closely with our clients to collect evidence, obtain security, including coordinating arrest or attachment proceedings, and consider jurisdictional and contractual options. Our international network allows us to be on the ground in different jurisdictions, dealing with our clients' interests at the point of contact.
Many of our team members have been advising on Lloyd’s Open Form Salvage arbitrations for several decades. Acting for insurers around the world, we have dealt with over 1,500 cases in the last 40 years.
We are flexible when developing the most appropriate claims handling procedure for each client and will adopt the most appropriate solution whether by negotiation, mediation, arbitration or litigation, to achieve the optimum result.
Advising cargo insurers after a bulk carrier ran aground with a cargo of rice. The vessel was refloated but it was not possible to bring it to port due to damage to the hull and the vessel subsequently sank
Advising on the MSC Napoli, a container vessel which suffered structural damage whilst on a voyage from Northwest Europe to South Africa laden with approximately 2,600 containers
Advising insurers on substantial claims for cargo loss and damage following a major fire on board a containership, during which several crew died, the ship was heavily damaged and at least 60% of the cargo on board was destroyed
Acting for insurers to defend a cargo claim following a warehouse fraud in which 144,000 MT of soybeans were lost. This case is thought to be the largest single cargo insurance case in the last decade
Defending claims for the salvage and general average of the surviving containers, and pursuing recovery for the loss of cargo following a collision between a container ship and a bulk carrier, after which only the on-deck cargo could be salvaged` and nearly all 600 containers were lost
Advising multiple cargo insurers on a case relating to letters of indemnity, fraud and title to sue. This case saw the Retla Clause tested for the first time in the UK courts and is a major development in relation to the extent to which the apparent good order and condition of steel cargo can be...
Advising multiple cargo insurers on the total loss of USD 600 million of cargo after "MOL COMFORT" broke in two, caught fire and sank in two sections, losing all 4,382 containers on board. This is the largest container vessel ever be lost
Advising successful subrogated cargo insurers in recovery claim for US$1.2m before the UK High Court and Court of Appeal. This was the first ever English reported case on meaning of container limitation provision in the Hague-Visby Rules.
Led the UK High Court and Court of Appeal litigation for the successful insurers of the cargo. This is a key decision on the inapplicability of Hague Rules limitation to bulk cargo.