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Personal injury update: No need to plead fraud to argue that a claim is “fundamentally dishonest”

When the ‘Yangtze Xing Hua’ vessel was chartered on an amended New York Produce Exchange form to carry soya bean meal from South America to Iran, she arrived off the discharge port in December 2012.

After not being paid by the receivers, the charterers ordered the vessel to wait off the discharge port, which it did for over four months.

During its waiting time, the cargo overheated and partly spoilt, leading to a claim for cargo damage by the receivers, which was settled by the vessel owner for €2.6m. This, together with unpaid hire, was claimed by the vessel owners from the charterers.

Paul Newbon, a senior solicitor in our Shipping and Transport department, has put together a case study that examines the liability of the cargo damage and the decision of the tribunal proceedings. You can read it by clicking here.

If your business would like to learn more about the services of the Shipping and Transport department and how Paul can help with disputes arising from the carriage of goods, you can contact him directly by emailing or speak to a member of the team today by calling 01482 325242.

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