Cargo and goods in transit
The loss, damage or theft of cargo in the course of carriage
impacts everyone involved in the logistics chain, including
carriers, intermediaries and agents.
With an in-depth understanding of multiple
party arrangements, cross border carriage, and the overlapping of
different liability regimes, by way of convention, statute or
standard conditions of contract, at Weightmans we have extensive
experience in dealing with the complex contractual arrangements
involved in such incidents, whether at home or overseas.
Examples of situations requiring urgency and
complexity regularly handled by the team (but by no means
restricted to) include:
- Consideration of demands to provide
general average or salvage security
- Investigation at loss incidents to
enable informed views (e.g. on policy coverage, or rights of
limitation)
- Quick decision as to jurisdictional
advantage
- The obtaining of statements from appropriate
witnesses
- Preservation of evidence, and appointment of
surveyors/experts in relation to enhancing prospects of third party
recovery.
Indeed, from the first call our experienced
team can help you with the tactical decisions needed to maximise
the likelihood of a successful outcome. And at every step we will
provide you with both control and certainty; be that by:
- Taking urgent legal action (e.g. vessel
arrest proceedings)
- Drafting and negotiating security
arrangements
- Reviewing carriage documentation and advising
on carrier liability or coverage matters
- Best use of time by way of commencement of
court or arbitration proceedings
- Obtaining foreign law advice via our network
of worldwide Marine & Goods transit legal
correspondents
- Providing over the phone or written advice
with regards to issues arising under the myriad of conventions and
statutes which may be applicable to any cargo claim (Hague Visby Rules, Hamburg Rules, Merchant Shipping
Act, CMR Convention – as well as standard trading terms such as
RHA, BIFA , UKWA or non standard terms).
Above all, you will benefit from our team’s
clear thinking and practical commercial advice in an often complex
and fast moving area.
Our Marine
team is contactable 24/7 for urgent advice and assistance
following any maritime incident.
"Mike Burns of Weightmans is commended for his work in cargo
issues."
Chambers Legal Directory 2010
