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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

20/02/2018

Andrew Dinsmore appeared for successful Claimants in first English authority to apply common law rule barring set-off against freight to aviation

Andrew Dinsmore appeared for the successful Claimants in this case, which was the first English authority to apply the common law rule barring set-off against freight (the ‘Freight Rule’) to aviation. The Freight Rule was developed in the shipping context before being applied to international road haulage, domestic road haulage and then to freight forwarders. This case followed two Hong Kong authorities which had previously applied the Freight Rule to aviation: Emery Air Freight Corporation v Equus Tricots Limited [1989] 2 HKLR 554  and RAF Forwarding (HK) Ltd v Wong Angela t/a JMT Company [1999] 2 HKC 135. Further, at paragraph 14 of the Judgment, Moulder J accepted that the rationale of the rule was to protect cash flow thereby clarifying that the Freight Rule was not simply an arbitrary rule of historical accident, as had been suggested in some previous authorities. This case is a significant development as it ensures that freight from road, sea and air are all treated equally.

 

 

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Andrew Dinsmore
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