David Richards

Cargo Claims

The Essential Guide

• Gebundenes Buch

Produktbeschreibung

Cargo claims are the most frequent form of third-party liability incurred by carriers by sea and their P&I insurers. They are the bread-and-butter work of ship operators and P&I clubs, with each club handling thousands of cargo claims every year. This new book examines every aspect of cargo claims from a legal and practical perspective and complements other legal textbooks which specialise in bills of lading or charterparties. Following the life of a typical cargo claim, the book analyses the basis upon which carriers face liability for cargo loss and damage; the law on delay and deviation; cargo interests' responsibilities for the cargo they ship; defences to cargo claims; the role of cargo insurers and subrogation; P&I cover for cargo claims; and the recovery options available to a carrier facing a cargo liability. Cargo Claims also includes a detailed clause-by-clause commentary on the InterClub Agreement. Written for practitioners and those working on cargo claims day-to-day, the book will be invaluable for ship operators, shipping law firms, barristers' chambers, cargo recovery agencies and P&I insurers. Readers will gain a comprehensive guide to the handling of cargo claims by way of a detailed analysis of the underlying legal principles and through practical guidance.

Produktdetails

• Verlag: Taylor & Francis Ltd
• Seitenzahl: 146
• Erscheinungstermin: 4. März 2026
• Englisch
• Abmessung: 246mm x 174mm
• ISBN-13: 9781041088172
• ISBN-10: 1041088175
• Artikelnr.: 75930488

Autorenporträt

David Richards has a degree in law from the University of Exeter and qualified as a solicitor at Ince & Co in 2007, becoming a partner there in 2015. In 2018 he joined North of England P&I club as a deputy director specialising in cargo claims, eventually becoming Deputy Global Head of P&I Claims and Head of Legal & Expertise. In January 2025, he returned to private practice as a Director at Shearwater Law.

Inhaltsangabe

Table of cases xi
CHAPTER 1 INTRODUCTION 1
CHAPTER 2 THE CONTRACT OF CARRIAGE 2
CHAPTER 3 CARRIER'S RESPONSIBILITY TOWARDS CARGO 6
Responsibilities in contract 6
(A) To issue an accurate bill of lading or other transport document 6
(B) To state the condition of the cargo 8
(C) To take reasonable care of cargo 14
(D) To exercise due diligence to ensure the ship is seaworthy prior to the
commencement of the voyage 16
(E) To collect General Average securities and procure an adjustment 26
Responsibilities in tort 27
Responsibilities in bailment 28
CHAPTER 4 DELAY AND DEVIATION 32
Deviation 34
CHAPTER 5 CARGO INTERESTS' RESPONSIBILITIES IN RESPECT OF CARGO 36
(A) Not to ship dangerous cargo without consent 36
(B) To accurately declare particulars of the goods 37
(C) To take delivery 37
(D) To pay General Average and salvage 38
CHAPTER 6 DEFENCES TO CARGO CLAIMS 40
(A) Common law defences 40
(B) Exercise of due diligence 40
(C) Carrier's orbit 41
(D) Contracting out of cargo care 41
(E) Proof of condition on loading 41
(F) Proof of condition on discharge 42
G) Causation 43
(H) Deck cargo 43
(I) Article IV defences 44
(J) Title to sue 55
(K) Limitation 60
(L) Time bars 65
(M) Quantification rules 71
CHAPTER 7 ASPECTS OF COMMON CARGO CLAIMS 77
(A) Misdelivery 77
(B) Shortage and over-carriage 79
(C) Liquefaction 82
(D) Contamination 83
CHAPTER 8 CARGO CLAIMS UNDER CHARTERPARTIES AND SHIP SHARING AGREEMENTS 85
(A) Charterparties 85
(B) Space sharing agreements 86
CHAPTER 9 PROOF AND CAUSATION 88
(A) Factual causation 88
(B) Legal causation 88
(C) Circumstantial evidence 89
(D) Process of elimination 89
(E) Burden of proof in cargo claims 91
(F) Dangerous cargo claims 94
CHAPTER 10 CARGO INSURERS, SUBROGATION AND RECOVERY AGENTS 99
CHAPTER 11 P&I COVER FOR CARGO CLAIMS 101
CHAPTER 12 SECURITY FOR CARGO CLAIMS AND P&I CLUB LETTERS OF UNDERTAKING
104
CHAPTER 13 ABANDONMENT OF CARGO 112
CHAPTER 14 RECOVERY ACTIONS - LETTERS OF INDEMNITY 115
CHAPTER 15 RECOVERY ACTIONS - CHARTERPARTIES 118
(A) Cargo responsibility clauses 118
(B) Employment order indemnity 119
(C) Unsafe port 122
(D) Dangerous cargo 122
CHAPTER 16 RECOVERY ACTIONS - THE INTER-CLUB AGREEMENT 124
Index 147