Fresh Produce Shipping: Damages and Compensation

Cover
Endorsement Page
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Acknowledgements
Foreword
Table of cases
Definitions
Introduction
Chapter 1 An overview of the claims process
	The loss
		Air
		Ocean
	The strategy to be adopted
Chapter 2 An overview of the legal framework for air cargo and ocean cargo liability
	Air
	Ocean
		Hamburg Rules
Chapter 3 Detailed actions after discovery of the loss
	The question of abandonment
	Delivery signatures on collection and receipt
		Air
		Ocean
	Claim notification and invitation to carrier to attend survey
		Air
		Ocean
	Salvage and mitigation
	Survey and investigation
		Joint and separate surveys
			Air
			Ocean
		Common causes
			Air
				Temperature abuse
				Delay
			Ocean
				Temperature abuse
				Suffocation and CO2 injury
				Delay
				Evidencing the container loading
			Pre-shipment condition and temperature
				Shelf-life tests
				The relevance of pre-shipment evidence
			Trip thermographs
				Air
				Ocean
			Analysis of transit history
				Determination of cause
				Air
				Ocean
Chapter 4 Documentation gathering
	Booking request and carrier confirmation (ocean only)
	Supplier invoice
	Packing list or load list
	Health documents
	Certificate of origin, movement certificate EUR.1
	Air waybill
		Air cargo consolidations and house air waybills
	Ocean bills of lading and sea waybills
		House bills of lading
	Airline release note, removal authority, or airline delivery order
	Goods inwards records
	First inspections/quality control records and photographs
	The surveyor’s report
Chapter 5 The legal rules determining for what you can claim
	The central principle of restitutio in integrum
	Attempts to derogate from this principle
	Damages in contract and damages in tort
	Interest on damages
	Duty to mitigate
	Date for assessment
Chapter 6 Calculation of constituent claim values
	Arrived-sound market value (ASMV)
		Proof of arrived-sound market value
			The ‘supermarket market’
			The ‘wholesale market’
			Sales price lists
	Arrived-damaged market value (ADMV)
	Cost-based quantum
	Directly related expenses
		Survey fee
		Sorting/repacking
		Dumping costs and certification
		Other possible costs
Chapter 7 Claim submission
	Covering letter
	Presentation standards and well-ordered attachments
	Submission of claims by email
	Other methods of claim submission – air cargo claims
	If by post, obtain recorded delivery and why
	Ask yourself?
Chapter 8 Time limits and time bar protection
	Time limits
		Air
		Ocean
	Time bars
		Air
		Ocean
Chapter 9 The struggle for settlement
	Unreasonably delayed responses and refusal to deal
	The burden and onus of proof
	Delay not involving physical damage
	Air cargo
		The central principle of a carrier’s liability under applicable law
			Aspects of entitlement to claim and sue
				Cessions of rights
			In relation to house air waybills
			Objections to quantum
				The ‘market’
			Survey fees
			All other expenses
	Defences – and countering them
		Contributory negligence
		Pre-shipment causes
			Harvest records
			Pack house protocols
			‘Hot stuffing’ – ocean
			‘Hot delivery’ – air
			Mixed maturity
			Rots and diseases
			Thermographs
			Reefer container inspection
			Vent closure and suffocation/CO2 injury
		Failures during transit
			Inadequate packing
			Inadequate stowage in an ocean container
		Post-shipment objections
			Attempts to reject claims on dis-entitlement
		Air cargo
			The grounds for a claim
			Force majeure issues
			Successive carriage
			USA head-quartered airlines and the ‘three-day rule’
			Limitation of liability
			Enforcement of these rules
		Ocean cargo
			Attempts to reject claims on dis-entitlement
			The grounds for the claim
			Shipper’s responsibility for container settings
			Inadequate stowage
			Carrier’s datalogger – if it can be obtained
			Malfunctioning containers and ‘due diligence’
			Measure of damages
			Limitation of liability
		Unreasonable attitudes and commercial ‘strong-arm’ tactics
			Field-heat argument
			Improper use of authorities
			‘Strong-arm tactics’
			Refusal to produce evidence
			Being ‘taken to the wire’
			Further carrier tactics after issue of proceedings
			Dismissal of evidence
			Excessive demands for evidence
			Mixed maturity
			Carrier’s claims, operational, and marketing personnel at odds?
Chapter 10 Reaching for settlements
	Without prejudice negotiations
	Dispute resolution
	Ocean carriers’ P&I clubs
	Jurisdiction
		Air
		Ocean
	Solicitors and litigation
		Choice of lawyers
		Broad outline of events during litigation with costs implications
			Pre-legal action
			Legal action
			Part 36 offers
			Preparation for trial
			Trial
			Costs awards
			Withdrawing at any stage
Annexes
	Examples of claim notices
		Air claim notice
		Ocean claim notice
		Non-survey claim notice
	Claim submission covering letter or message
		Air claim
		Ocean claim
	Excel spreadsheet to show quantum
	Cession of rights wording
		Air
		Ocean
Schedules
	Air
		Montreal Convention
		Warsaw/Hague
		Warsaw [unamended]
		IATA 600b Air Waybill Conditions
	Ocean
		Hague
		Hague/Visby
		Hamburg
Index