Liens and losses | Case by Case (Ep. 51)

  • 9 Februar 2023
    • Luke Zadkovich
    • Calum Cheyne
This time, Luke and Calum discuss English Commercial Court case Trafigura v TKK Shipping [2023] EWHC 26 (Comm)!
The question is all about what „goods lost or damaged“ means in the Article IV, rule 5(a) of the Hague-Visby Rules.
Does ‚damage‘ mean physical damage ONLY? Or does it include damage through the operation of a lien over the cargo – ie. financial type damage?
This time, Luke and Calum discuss English Commercial Court case Trafigura v TKK Shipping [2023] EWHC 26 (Comm)!
Great to be in the saddle 🏇 again, with Partner Cheyne riding alongside…
Parties in London arbitration sent a legal question by consent to the English court for decision.
That question was all about what „goods lost or damaged“ means in the Article IV, rule 5(a) of the Hague-Visby Rules.
Does ‚damage‘ mean physical damage ONLY? Or does it include damage through the operation of a lien over the cargo – ie. financial type damage?
Where this gets even more interesting is that there is a prior case (the Limnos) on point, which decided „damaged“ meant physically damaged goods only.
Legal commentators (and Luke & Calum) have not been convinced by the Limnos for many years. And the claimant here was directly challenging whether the Limnos was correct…
Listen in to find out if they succeeded.
So this also nicely sets up a discussion on how the concept of precedent works in English case law.
We hope you enjoy!