Claims Review

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31/03/2005

Three cases of North and South

THE CLUB recently handled two claims where the error involved a mistake by an agent over whether the ship or cargo should proceed in a north or southbound direction. The third claim in this section involved the question of...

31/03/2005

Steel pipes & oil tanks

THE CLUB has dealt with a number of recent claims involving surveyors. One surveyor was instructed to oversee the lashing of steel pipes. Unfortunately, the pipes were damaged on the voyage. The Club defended the claim that the...

31/03/2005

The use of instant messages...

The use of e-mail messages has been featured in previous ITIC publications. In the 2002 edition of the Intermediary the subject of Instant Messenger Systems, such as AOL, Yahoo and MSN Messenger, was discussed. There have been a...

31/08/2004

No principals

A ship broker received an approach from a Chinese broker regarding the possibility of fixing ships to carry steel cargoes on behalf of a well-known local steel mill. The ship brokers approached the representatives of a Greek...

31/08/2004

Wrong terms

A forwarder included "all shipments subject to the CMR Convention” in a written booking with a ship agent for line haulage. The agent failed to spot this note and appointed a haulier who contracted under his normal road...

31/08/2004

Wrong ship

The principal of a ship manager had taken delivery of a number of new buildings. Some of the ships were subject to a “sale and charter back” agreement. The principal had indicated he would consider an offer for any of the ships...

31/08/2004

Who is the agent's principal?

An English port agent was nominated by a charterer with whom they did significant amounts of business. The agent was instructed by the charterer to release a steel cargo without production of the original bill of lading. The...

31/08/2004

Forged authority

A Turkish liner agent was requested by the receiver of 12 containers of frozen meat shipped from Denmark to deliver them without original bills of lading. The carrier's bills of lading were consigned "to order" of the...

31/08/2004

Who pays the stevedores?

A port agent in the Middle East appointed stevedores on behalf of the shipowner. It was only when he sent the invoice to the shipowner that the agent discovered that the cargo had been booked on a “free out” basis (i.e. the...

31/08/2004

Settlement without authority

A P&I Club correspondent was requested to attend on board a ship to survey a cargo of 2,000 metrictonnes of bulk fertilizer, which had been contaminated by residues from a previous cargo. The correspondent, having...

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