Shipping & Transport, WSCO Advokatpartnerselskab updates

Denmark

Contributed by WSCO Advokatpartnerselskab
Unloading trailers: who bears responsibility under CMR?
  • Denmark
  • 20 May 2020

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.

Cargo claim heard in Denmark despite exclusive jurisdiction agreement referring to High Court in London
  • Denmark
  • 08 April 2020

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.

Theft of tobacco from trailer not covered under cargo insurance as transport had not commenced
  • Denmark
  • 22 January 2020

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.

Temperature deviation and gross negligence under CMR
  • Denmark
  • 08 January 2020

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.

Direct action, choice of law and time limitation
  • Denmark
  • 31 July 2019

The Maritime and Commercial High Court recently examined a direct action claim against a Dutch freight liability insurer in a carriage of goods by road dispute involving a bankrupt carrier and a Danish manufacturer of cigarettes. The premise relied on by the court in this matter, if not appealed, may seem ripe to undermine some insurance policies between liability insurers and international carriers, including proper law provisions and time limitation under a policy.


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