Volcafe ruling switches burden of proof for cargo damage
Key ruling marks most important cargo decision for a generation, according to Clyde & Co Partner. Carriers must demonstrate compliance, rather than cargo interests demonstrate causative negligence.
‘Carriers and shipowners are going to find life much more difficult in defending cargo claims going forward. Where cargo had to show what they did wrong, the carriers have now got to show they did everything right,’ says Clyde & Co partner Andrew Nicholas
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