Cargo Claims: The Essential Guide

Cargo claims are the most frequent form of third-party liability incurred by carriers by sea and their P&I insurers. They are the bread-and-butter work of ship operators and P&I clubs, with each club handling thousands of cargo claims every year. This new book examines every aspect of cargo claims from a legal and practical perspective and complements other legal textbooks which specialise in bills of lading or charterparties.

Following the life of a typical cargo claim, the book analyses the basis upon which carriers face liability for cargo loss and damage; the law on delay and deviation; cargo interests’ responsibilities for the cargo they ship; defences to cargo claims; the role of cargo insurers and subrogation; P&I cover for cargo claims; and the recovery options available to a carrier facing a cargo liability. Cargo Claims also includes a detailed clause-by-clause commentary on the InterClub Agreement.

Written for practitioners and those working on cargo claims day-to-day, the book will be invaluable for ship operators, shipping law firms, barristers’ chambers, cargo recovery agencies and P&I insurers. Readers will gain a comprehensive guide to the handling of cargo claims by way of a detailed analysis of the underlying legal principles and through practical guidance.

table of content

1. Introduction

2. The contract of carriage

3. Carrier’s responsibility towards cargo

4. Delay and deviation

5. Cargo interests’ responsibilities in respect of cargo

6. Defences to cargo claims

7. Aspects of common cargo claims

8.Cargo claims under charterparties and ship sharing agreements

9. Proof and causation

10. Cargo insurers, subrogation and recovery agents

11. P&I cover for cargo claims

12. Security for cargo claims and P&I Club Letters of Undertaking

13. Abandonment of cargo

14. Recovery actions - letters of indemnity

15. Recovery actions - charterparties

16. Recovery actions - InterClub Agreement