AMS Ameropa Marketing and Sales AG & Anor v Ocean Unity Navigation Inc (RE ‘Doric Valour’) [2024] EWCA Civ 1312

Ameropa, having sold 50,000mt of soybeans to Oilex under CIF terms, sought to recover damages from Owners after the cargo was found dammaged upon discharge, as the assignee of Oilex’s rights under the bills of lading. The owners argued that Oilex should account for payments received from Ameropa under the sale contract (being the difference between the sale price and the salvage price of the damaged cargo). The Court rejected Owners’ appeal, affirming that Ameropa was entitled to recover the difference between the sound value and the actual value of the cargo which had been damaged, despite Oilex having been compensated by Ameropa, effectively, for this amount. The payment under the sale contract did not affect the claim against the Owners.