Volcafe Ltd and Ors v Compania Sud Americana de Vapores SA— [2016]
Volcafe Ltd and Ors v Compania Sud Americana de Vapores SA— [2016] EWCA Civ 1103 (Gloster and King LJJ and Flaux J — 10 November 2016
“The Court of Appeal has reversed a controversial first instance ruling and has held that it is not a pre-requisite for a carrier relying on the Article IV r2 (m) Hague Rules defence ('inherent vice') to disprove his negligence. Instead, once the carrier has shown an initial entitlement to rely on 'inherent vice', the burden then shifts to the cargo claimant to establish any negligence precluding reliance on the defence.”
Louise Glover
E. G. Arghyrakis & Co.
30th November 2016