AMS Ameropa Marketing Sales AG & Anor v Ocean Unity Navigation Inc [2023] EWHC 3264 – 19 December 2023 (Ms Clare Ambrose)

The Claimants sold 50,000mt soybeans on CIF terms, carried pursuant to a B/L on the Defendants’ Vessel.  The receivers rejected a quantity (comprising sound and allegedly damaged cargo) and later effected a salvage sale of the damaged cargo. The Claimants sought damages being the difference between the CIF price of the rejected quantity and that achieved on the salvage sale, plus inspection, survey, and cargo handling expenses.  The Defendants admitted liability but contended that a much lesser quantity than alleged was affected, and that the Claimants failed properly to segregate and to obtain sufficient bids on the salvage sale.  The Court, whilst accepting the Defendants’ evidence on damage extent, rejected the arguments on mitigation, emphasising the high evidential burden of showing unreasonable conduct by a claimant. It also allowed the CIF price as the comparator but disallowed the additional expenses.