Britannia P&I Club referred to the English supreme court that presented its first authoritative judgement in English law, addressing the question of whether it is the carrier or cargo interests who bears the burden of proof under the Hague and Hague-visby rules.
The case had to do with a low value claim for condensation damage to coffee beans.
In the first trial the judge ruled in favour of the cargo deciding that where goods shipped in apparent good order and condition show loss or damage on discharge, there is an evidential inference that the loss or damage is caused by the fault of the carrier.
The carrier then has the burden of showing that it has not breached any of its obligations.
Continue reading “First judgement of Hague and Hague Visby rules tested in the English courts”
