E-News for April 30, 2009

Below please find summaries of e-news articles posted during the month of April. As always, these and all past articles are available in our searchable, on-line database.

Consignee responsible for “freight prepaid” Carriage

When a shipper or its agent becomes insolvent, intermediaries often encounter difficulties recovering unpaid freight charges from the consignee. Sometimes the consignee has already paid freight to the shipper or its agent as part of the contract purchase price and honestly believes it should not be obligated to pay again. Invariably the consignee will point to past practice as indicating that the carriers had never intended to seek freight charges from the consignee. General Editor Gavin Magrath reviews a judgment of the Quebec Court of Appeal confirming that even where a bill of lading is marked ‘freight prepaid’ the consignee may be held responsible for unpaid freight.
http://www.forwarderlaw.com/library/view.php?article_id=558

The TASMAN PIONEER and the Error in Navigation Defence

Most readers will recall the case of the Tasman Pioneer, and the bizarre efforts of its Captain in attempting to conceal his responsibility for a collision. At first instance the Court rejected the owners attempt to rely on the error in navigation defence as against cargo claimants, importing a requirement of good faith. On appeal, the decision is upheld but not on the basis of a good faith requirement. New Zealand editor Pauline Barratt provides her detailed review of the decision here:
http://www.forwarderlaw.com/library/view.php?article_id=557

The FRONT COMOR and the Anti-Suit Injunction

Forwarderlaw has commented many times on the use of Anti-Suit Injunctions. These past commentaries must now be read in light of the decision of the House of Lords in the FRONT COMOR, in which the Lords considered the effect of European Community regulations on the availability of this remedy. Editor Emeritus Peter Jones reviews the judgment here:
http://www.forwarderlaw.com/library/view.php?article_id=556

Rule B – Latest Developments

The ease, speed and relative cost-effectiveness with which a Claimant can obtain security in New York has made Rule B a very popular weapon in a litigant’s arsenal. China contributor Ik Wei Chong provides this update on recent developments in the use of Rule B attachments, including advice on how to avoid them! For the full commentary click here:
http://www.forwarderlaw.com/library/view.php?article_id=555

General

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