- Carrier’s legal burden where a cargo has been lost or damaged (Volcafe Ltd and others v Compania Sud Americana De Vapores SA)
- What are the practical implications of the judgment?
- What was the background?
- What did the Supreme Court decide?
Commercial analysis: Simon Rainey QC, of Quadrant Chambers, examines the Supreme Court’s decision in Volcafe Ltd and others v Compania Sud Americana De Vapores SA, which held that where a cargo has been lost or damaged, the carrier has, for the purposes of both articles 3(2) and 4(2) of the Hague Rules, the legal burden of disproving that its negligence caused the loss or damage.
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