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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

Twenty 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

Twenty 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

17/06/2015

SDTM v Continental LInes [2015] EWHC 1747 (Comm)

This is an archived article, and some links may not work. Contact us if you have any questions.

This was a hearing of a preliminary issue on a not-unfamiliar cargo claim arising out of loss and damage to bagged cargoes delivered to West African ports where the central issue related to stevedore damage. The bills of lading incorporated the terms of a Synacomex 90 charter which provided that "Cargo shall be loaded, rimmed and/or stowed at the expenses and risk of Shippers/Charterers… discharged at the expenses and risk of Receivers/Charterers…Stowage shall be under the Master's direction and responsibility …".

The issue was whether the carriers or the cargo interests were responsible for stevedore loss and damage in loading and discharging, as distinct from stowage.   Flaux J performed a detailed review of the authorities and adopted the principles stated in Voyage Charters (4th Ed) in concluding that "risk" in this context was to be equated with "responsibility" and whereas stowage was within the responsibility of the carriers, loading and discharge were within the responsibility of the cargo interests.   

This is an important decision in relation to cargo claims in some parts of the world where stevedoring practices are sometimes rather questionable.  

Timothy Young QC appeared for the first defendant (instructed by Lax & Co)


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