A recent Maritime and Commercial Court decision demonstrates that in order to obtain compensation after cargo has been delivered without the presentation of a bill of lading, it must be proven that the release of said cargo resulted in financial loss. Therefore, in order to pursue compensation from a carrier or agent, a seller that has received no payment from the buyer for the delivery of a consignment may need to prove that the buyer had not already obtained title to the goods delivered before their release.
A recent Maritime and Commercial Court case concerned two Danish OW Bunker companies that had given a foreign bank security against their ordinary claims and subsequently became subject to insolvency proceedings. The judgment stressed that parties facilitating financing in the shipping industry must consider the law of the transferor's domicile and undertake due diligence in accordance with this law in order to protect their interests in the event of the transferor's insolvency.
In a recent Maritime and Commercial Court case concerning liability for unpaid bunkers following a charterer's insolvency, the bunker supplier submitted that the question of whether a vessel can be arrested outside Danish jurisdiction must be decided as a general rule in accordance with the laws and by the courts of the jurisdiction where the arrest is made.
A recent Maritime and Commercial Court decision concerned the liability under Article 17 of the Convention on the Contract for the International Carriage of Goods by Road of a road carrier and a sub-carrier following the theft of high-value tobacco products. The court found that although the road carrier was liable for the theft, the sub-carrier was free of any liability as the road carrier had failed to provide it with details of the slot time for delivery.
A manufacturer of wind turbine equipment instigated court proceedings before the Maritime and Commercial Court against a port terminal for damage to wind turbine blades. It follows from the judgment that a contract for the performance of stevedore work, including storage, can be deemed to exist irrespective of the fact that no written instructions or booking from a principal has been issued or received.
The High Court of Western Denmark recently decided in favour of a Danish cost insurance and freight (CIF) seller in a jurisdiction dispute involving a Czech buyer. The court found that the CIF clause agreed under the International Commercial Terms 2010 stipulated that the place of delivery under the contract was located in Denmark and that the Danish court seized had enjoyed jurisdiction under the EU Brussels I Regulation.
The Supreme Court recently decided a case on appeal from the Maritime and Commercial Court concerning whether the latter had jurisdiction to hear proceedings that a Danish seller had brought against a Dutch terminal and a Danish carrier following a lost food consignment pursuant to Article 8(1) of the Brussels I Regulation. The Supreme Court reversed the Maritime and Commercial Court's decision and found that the conditions for applying Article 8(1) had been fulfilled.
A recent Maritime and Commercial Court case concerned liability for damage to a container transported from Denmark to the United States. The bill of lading included a network liability clause which limited liability to $500 per package when damage or loss occurred during sea carriage or where the damage occurred could not be localised. The court found that the damages had been caused during the land transport leg in the United States and therefore the carrier's liability could not be limited.
A bill to amend the Danish regulations on the registration of ships under Section 2 of the Merchant Shipping Act was recently passed with the aim of attracting non-EU and non-EEA merchant shipowners and shipping and management companies to the Danish flag. The bill's main innovations include an increasingly transparent activity requirement, multiple ways of satisfying this requirement and an equal establishment requirement that applies to EU and non-EU shipowners.
The Maritime and Commercial Court recently found that bad weather during sea carriage that results in cargo damage does not exempt a carrier from liability if the weather conditions were forecast or not unusual in the geographical location in question during the relevant season. However, the judgment provides no guidance on the liability issues that arise if the prevailing weather conditions render it impossible to conduct repairs of defects that occur in a container being carried at sea.
A recent Maritime and Commercial High Court decision concerning the carriage of a consignment of different types of medical product found that smoke contamination constituted visible damage under the Carriage of Goods by Road Act. The decision underlines the importance of inserting reservations into waybills when a consignee has reasonable grounds for doing so and illustrates the dire consequences of failing to do so.
The Supreme Court was recently tasked with deciding the law applicable to direct action claims. The decision is noteworthy, as the court analysed the choice of law question of direct action independently from the choice of law principles relating to the contract of insurance and lex loci delicti. The wording of the Supreme Court's decision suggests that the choice of law analysis applied only in respect of the question of direct action.
The Supreme Court recently passed down its decision in a product liability appeal case between a manufacturer of marine engines and a Danish shipowner. The pivotal question before the court was the distinction between damage to the defective product itself, which was not compensable under product liability law, and other property, which was compensable.
The Port of Assens recently brought legal proceedings before the Danish Maritime and Commercial Court against the insurer of a Swedish carrier for damages caused by a chartered tugboat. The judgment was appealed to the Danish Supreme Court, which requested a decision from the European Court of Justice (ECJ). The ECJ found that a jurisdiction clause agreed between an insurer and an insured does not bind an injured party claiming directly against the insured.
The Maritime and Commercial Court recently examined a claim of gross negligence by a Danish trading house against a Danish carrier following the theft of clothing from a trailer that had been left unprotected at a petrol station for two days. The court found that gross negligence exists in the case of theft from an unprotected trailer only if the carrier has been instructed that special precautions must be followed to avoid theft and it fails to follow such measures.
A recent Maritime and Commercial Court decision considered whether a charter agreement could be interpreted to the effect that the charterer's liability to pay mobilisation and demobilisation costs should be unenforceable if these costs were covered by another charterer.
In a recent Maritime and Commercial Court case, the cargo insurer of a Danish seller claimed that the court had jurisdiction to hear the proceedings that it had brought against a Dutch terminal and a Danish carrier following a lost food consignment pursuant to Article 8(1) of the Brussels I Regulation. However, the court found that Article 8(1) could not establish jurisdiction for the cargo insurer's claims against the terminal and the carrier.
A recent Maritime and Commercial Court decision illustrates that a report obtained from a reliable third party can have a conclusive effect when examining the extent of damages. The decision also illustrates that failure to comply with public regulations when storing goods may constitute damage amounting to a total loss when there has been a possibility of the goods being damaged or contaminated, regardless of whether it has been demonstrated that the goods have been affected.
A recent Copenhagen Maritime and Commercial High Court case examined a situation in which both parties, immediately before the formation of a contract, referred to their own standard terms and conditions. This is commonly known as the 'battle of the forms'. The case illustrates the problem which arises when contracting parties, while focusing on issues essential to a specific deal, are less conscious of questions such as the choice of venue for resolving disputes.
Pursuant to a recent Maritime and Commercial Court judgment, when works excluded from the scope of the Convention on the Contract for the International Carriage of Goods by Road (CMR) are performed subject to the CMR as a contract term, either reference should be made to the CMR as a whole, or all relevant clauses of the CMR which are to govern the contract should specifically be incorporated by reference.