BIFAlink is BIFA's monthly magazine covering issues of importance for the logistics and supply chain industry.
August 2026 The magazine of the British International Freight Association BIFA link
BIFA National Conference 2026: Navigating a Shifting World
With evening entertainment in the company of two football legends
INSIDE: Transaid challenge • Know your bene fi ts • Identity-based cargo theft • New customs changes loom • Around the regions •• BIFA Award winner’s pro fi le
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Issue: 432
Steve Parker’s Column
The more things change, the more they stay the same The Middle East con fl ict and the STC H aving reviewed the topics covered in my DG columns this year, it is clear that many are recurring. This edition is no different and many of the same issues persist. It is important that both BIFA and our Members keep them in mind. The Middle East conflict continues and the stories we hear at BIFA of ocean containers ending up in some unexpected parts of the world are ongoing. Whilst we cannot influence the events, we can remind Members of how the BIFA Standard Trading Conditions can help. However, to have the most benefit they must be used correctly and incorporating them into contracts with your customer is crucial. I would recommend you revisit some of the previous episodes of BIFA TV that have covered the STC, or re-read the many articles written in past issues of BIFAlink . Fighting freight fraud On the subject of freight fraud, it would be nice to offer some good news, but on this topic, it appears that this is rarely the case. Enquiries about this are constant and we hear many tales of how some BIFA Members get caught out by a criminal act that leaves them out of pocket. Again, there have been several episodes of BIFA TV and articles in BIFAlink on this. However, one recent email to Members and an episode of BIFA TV have produced some good news. Both featured advice about trademark scams and some Members have advised that they managed to avoid this fraudulent activity as a result of the advice we gave. Working with the Westminster Africa Business Association You may have seen the BIFA TV feature a couple of weeks ago filmed at an event we were privileged to attend at the Ethiopian embassy. We were able to highlight the work we are doing with freight forwarders, but also took the opportunity to promote our industry to the businesses that attended. Training is crucial I have written about the importance of training and education so many times, but there is always something new to learn. The latest modules released on the BIFA Bitesize training platform cover Dangerous Goods Awareness and Export Licensing, and I would encourage all Members to take full advantage of these and the many other modules that are all available as part of your membership fee. Take the road to Warwick I will close this column with a little promotion for BIFA’s next National Conference, which will take place at Warwick University on 23 and 24 September. Delegate spaces are filling up nicely, but there are still spaces available and I would encourage you to come and join us. The conference programme is full of very topical issues. More details can be seen in full at the following link https://conference.bifa.org/
BIFAlink is the official magazine of the British International Freight Association Redfern House, Browells Lane, Feltham TW13 7EP Tel: 020 8844 2266 (A company limited by guarantee. Registered in England: 00391973. VAT Registration: 216476363) Director General Steve Parker s.parker@bifa.org Member Policy, Compliance & External Affairs Director Pawel Jarza p.jarza@bifa.org Member Support Director Spencer Stevenson s.stevenson@bifa.org Member Services Director Carl Hobbis c.hobbis@bifa.org Member Engagement Director Denise Hill d.hill@bifa.org Events & Communications Director Dawn White d.white@bifa.org Senior Policy Advisor – Ocean & Legal matters Robert Windsor r.windsor@bifa.org Policy & Compliance Advisor – Customs Igor Popovics i.popovics@bifa.org Policy & Compliance Advisor – Sustainable Logistics Jamie McKean j.mckean@bifa.org Communications Manager Natalie Pitts n.pitts@bifa.org Editorial Co-ordinator Sharon Hammond s.hammond@bifa.org PR Manager Web site: www.bifa.org E-mail: bifa@bifa.org Amanda Francis a.francis@bifa.org Membership Supervisor Sarah Milton s.milton@bifa.org Published by Park Lane Publishing peter@parklanepublishingltd.com Contributors Steve Parker, Robert Windsor, Spencer Stevenson, Carl Hobbis, Sharon Hammond, Igor Popovics, Denise Hill, Pawel Jarza, Natalie Pitts, Jamie McKean Note to media: If you wish to use items in this magazine that are older than one month, please contact the editorial co- ordinator to ensure that the item in question still reflects the current circumstances. Please be advised that BIFA DOES NOT OFFER LEGAL ADVICE. BIFA is not a law firm and the authors of this publication are not legally qualified and do not have any legal training. The guidance and assistance set out herein are based on BIFA’s own experience with the issues concerned and should not be in any circumstances regarded or relied upon as legal advice. It is strongly recommended that anyone considering further action based on the information contained in this publication should seek the advice of a qualified professional.
Director General
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Contents
IN THIS ISSUE Click on the page to see full story
Navigating a Shifting World
Page 6 Global TEU liftings down over fi rst half – Econ DB
Page 3 The more things change...
and an evening with two football legends
Page 9 HSE highlights vehicle accident at work deaths
Page 14 BIFA National Conference 2026
Page 8 BIFA director signs up for Transaid challenge!
Page 12 Guidance on preventing identity-based theft
Page 16 Court rules on a carrier facing rival claims
Page 10 Know your bene fi ts
Page 13 What’s your viewing style?
Page 19 Customs professionals face new wave of rules
Page22 Awards: It’s not just the winning
Page 18 How checks in advance can cut border delays
Page 20 Around the regions
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BIFA Website News
NEWS FROM THE BIFA WEBSITE – in case you missed them, recent news stories posted to the BIFA website can be accessed here. Click on the image for the full story
August 2026 | 5
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Industry News
After almost 20 years, Ian Matheson , from Impress Communications, provides his fi nal review of recent news that might impact on Members’ business, following his decision to relinquish his role with BIFA. His fi nal weekly news round-up on BIFA TV, which can be seen on our You Tube channel, will air on 4 August. Subscribe by scanning the QR code.
Global TEU liftings down over fi rst half – Econ DB
decline by 5% to 10% this year, are now expected to increase by between 5% and 15%, driven primarily by the supply chain shock following the escalation of conflict in the Middle East in February. Air cargo volumes between Asia-Pacific and Europe dropped sharply in early July, according to WorldACD Market Data. Overall, Asia Pacific to Europe traffic fell 10% week-on-week and 15% year- on-year. The downturn followed the end of the EU’s de minimis exemption and the introduction of a temporary customs duty on low-value parcels from outside the bloc on 1 July. WorldACD said the measure directly impacted e-commerce flows. OVERLAND The UK’s new heavy goods vehicle market continued to lose momentum in the second quarter of 2026, with registrations falling 14.7% as operators delayed fleet investment amid ongoing economic pressures. According to the latest figures from the Society of Motor Manufacturers and Traders (SMMT), 8,687 new HGVs were registered between April and June, taking the first-half total to 18,158 units, down 8.9% on the same period last year. In July, low water levels on Europe's rivers once again disrupted inland shipping, with more vessels required to move the same amount of cargo and some shippers switching to rail or road transport. Network Rail has started work to turn Barking Eurohub – a 40-acre site in east London – into an international freight hub. This is part of government plans to increase freight and re-establish services through the Channel Tunnel from an intermodal terminal capable of handling containers and liftable lorry trailers arriving and departing by rail.
ON THE OCEAN Global TEU liftings reached an estimated 89.2 million during the first six months of 2026, according to the latest EconDB operational estimates. While container volumes remained above the levels recorded in 2022 and 2023, they fell behind the exceptionally strong performances seen in both 2024 and 2025. The Drewry World Container Index (WCI) rose 2% to reach US$4,639 per 40ft container for the week of July 6-10. This climb, largely driven by higher rates on the Asia–Europe trade route, pushed the index
China and Europe using the Arctic route during the summer navigation season. Potentially operating almost weekly, the first sailing of the season leaves Ningbo on 12 August headed for Felixstowe. ALL ABOUT STORAGE The Midlands has long benefited from its central location, providing access to major road networks and allowing businesses to serve customers across the UK efficiently. However, the latest wave of warehouse investment suggests the region’s role is evolving beyond simple geographic convenience, with major warehouse investments confirming the region’s growing importance as a national distribution hub. IN THE AIR The global demand for air freight increased by 7% in June 2026, primarily due to the exceptional demand for semiconductors and AI-related hardware products. However, according to the latest market data from the analysis company Xeneta, there are signs that air freight spot prices are calming, after rising 38% in June compared with the previous year. Xeneta’s air freight market expectations for 2026 have shifted significantly following the disruption caused by the escalation of conflict in the Middle East, with higher freight rates, stronger demand and tighter capacity now expected than was forecast at the start of the year. According to Xeneta’s Air Freight Outlook 2026 Mid-Year Update , long- term shipper rates, which had previously been forecast to
to its highest level since September 2024. But by the end of the month, container spot freight rates started to soften as the traditional peak season lost momentum. The Chinese shipping line Sea Legend is planning to resume and significantly expand container services between
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BIFA News
BIFA director signs up for Transaid’s next challenge!
Fraud and scam information web page launched BIFA continues to raise awareness of the frauds and scams affecting the industry. In line with this, a new section has been created on the website to help Members protect their businesses from fi nancial losses and the continuous attempts to defraud them. Common scams The most common types of fraud that negatively impact Members are referred to as ‘Short Firm Frauds’ or ‘Identity Frauds’. This new page provides further information on these scams. Reporting instances of freight crime BIFA stresses the importance of reporting all incidents to the relevant authority. The process to be followed depends on the nature of the crime that has been committed, your location within the UK, or the value of the loss that has been incurred as a result of the crime. This new page provides clear guidance on which authority is best placed to receive your report. BIFA TV Don’t forget, this topic is regularly covered over on BIFA TV. The latest episode on the subject can be viewed here .
Transaid’s highly anticipated cycle challenge on the African continent will be taking a team of riders on a spectacular 10-day adventure from Mount Kilimanjaro National Park to the coast, fi nishing at the mouth of the Pangani river. As lead sponsor of the challenge, BIFA is proud to announce that member policy and compliance director Pawel Jarza will be embarking on this adventure of a lifetime to raise vital funds for Transaid – a charity that has been supported by BIFA and its Members for many years. The challenge takes place from 17-26 September and will see the cyclists travel over 450 km through small farm towns and rural areas. The funds raised will support Transaid’s life-saving work improving access to healthcare, road safety and professional driver training across sub-Saharan Africa. Please support Pawel by donating to his JustGiving page. Your contribution would be hugely appreciated! It is hoped that we will be able to hear from Pawel and the Transaid team live from
Founded by Save the Children, The Chartered Institute of Logistics and Transport (CILT), and its Patron, HRH The Princess Royal, the international development organisation shares 25 years’ worth of expertise in 23 countries with partners and governments – supporting people to build the skills they need to transform their own lives. To learn more about Transaid, and to get involved in its latest community projects and fundraising campaigns, please visit: https://www.transaid.org/
Tanzania at the gala dinner during the BIFA National Conference next month. About Transaid Transaid believes every driver should be able to leave for a day’s work without the fear that he or she may not come home because of a lack of training, or dangerous vehicles and roads. Every family should be able to access vital healthcare; nobody should be left behind. Every person should have the opportunity to build the skills they need to transform their future.
Romania bans truck drivers from unloading
Romania has introduced new legislation prohibiting professional truck drivers from carrying out loading and unloading operations for heavy goods vehicles, aligning its rules with similar measures already in force in Spain. The new law applies to commercial road transport using vehicles with a maximum authorised weight exceeding 12.5 tonnes. Under the legislation, consignors, consignees and other parties involved in the
transport chain may no longer require professional drivers – including foreign drivers – to load or unload goods, pallets or packaging. The measure is intended to improve drivers’ working conditions and reduce the physical burden associated with loading operations by clearly distinguishing between driving duties and cargo handling activities. Limited exceptions apply to certain types of specialised transport where loading or unloading forms an integral
part of the transport operation. Companies failing to comply with the new rules face fines of up to €3,800. Freight forwarders and logistics companies organising transport to and from Romania should therefore ensure that loading and unloading responsibilities are clearly allocated and that local operational procedures, regardless of the Incoterm® used, comply with the new legal requirements. Further information is available on the FIATA website.
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News
HSE highlights vehicle accident at work deaths
El Niño brings potential Panama Canal
disruption The Panama Canal
Figures recently released by the Health & Safety Executive (HSE) show that being struck by a vehicle continues to be one of the main causes of fatal and major injuries in the workplace. The latest figures for 2025 to 2026 show that 24 workers (across all industries) were killed when struck by a moving vehicle. Within the Transport & Storage industry category, there were 15 fatalities in total across all accident types in the period 2025/26 (no change over the five-year period since 2021-22), placing the industry fourth behind Construction, Agriculture, Forestry and Fishing, and Manufacturing. The HSE workplace transport website has a range of guidance, advice and other resources to help reduce the risks and keep workers safe. This includes: • Vehicle safety • Site safety • Lift trucks. You can also download relevant publications, including: • A guide to workplace transport safety, • Workplace transport safety leaflet – a brief guide, • Rider-operated lift trucks.
Authority (ACP) has said that it is set to “implement preventative measures” in a bid to avert major disruption to Panama Canal transits in the coming months. The likelihood of an El Niño-induced drought affecting the vital passage between the Pacific Ocean and the Caribbean has increased markedly, prompting the ACP to warn of capacity restrictions both in terms of draught limitations and daily booking slots. Both MSC and CMA-CGM have responded to the announcement with surcharges on certain routes transiting the waterway to be implemented during August. The last time that the ACP had to implement restrictions was during the 2023/2024 El Niño phenomenon, resulting in a 50% reduction in daily transits. Heavy rainfall in the region throughout 2025 and in the 2026 dry season has, to date, kept water levels high in the reservoirs that feed the canal and allowed shipping to pass through without restriction.
The Limits of Liability for Carriers
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By road – CMR (8.33 SDR): £8.48 per kg
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By air – Montreal Convention (26 SDR): £26.48 per kg
according to the IMF website, was 1.01848)
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August 2026 | 9
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Events
Being a BIFA full trading Member brings a range of bene fi ts to your organisation – are you making use of them? Know your bene fi ts
A sk the majority of BIFA the STC”. The BIFA Standard Trading Conditions (STC) are the
the north to Southampton in the south, Felixstowe in the east and Liverpool in the west. These are free for Members to attend, but please register in advance so that we can ensure there is a seat for you. BIFA’s team of regional representatives works hard to secure local stakeholders to attend each meeting, bringing their knowledge and expertise direct to Members. Occasionally, regional meetings also include a port or facility tour, bringing to life areas of the logistics chain that may not normally be accessible. • Business Leaders Forum – This is a free event for managers and directors, designed to bring them up-to- speed with ongoing developments and future trends. Topics covered in the past have included the Employment Rights Act, London Gatwick Airport expansion, the road haulage industry and the future of artificial intelligence in our industry. Look out for details of the next event in spring 2027. • BIFA National Conference – re-established in 2025, the BIFA National Conference will return to The Slate at Warwick Conferences in September this year. Tickets are still on sale for this two-day event which gives BIFA Members the opportunity to network with peers, exhibitors and speakers, as well as the BIFA policy and compliance team, the regional representatives and members of the board of directors. • BIFA Freight Service Awards – now in their 38th year, the BIFA Freight Service Awards are seen as the ultimate recognition for freight forwarders in the UK. The competition opens every summer, with winners announced by the sponsors at the celebrity-hosted ceremony in January. To enter the 2026 competition, go to How To Enter
Members why they joined BIFA and they will answer “for
cornerstone of BIFA and the most obvious benefit of membership, but they are certainly not the only benefit available to you as a full Member. Visit the BIFA website and you will see that BIFA has four pillars: • Representation • Training • Information and guidance • Industry promotion. These are reflected in the Member benefits which can be classified as Policy, Events, Training and Communications. This month we will take a closer look at the events that BIFA stages for Members and how these meet the pillars of information and guidance, and industry promotion, and the value that they can bring. Events Following the COVID-19 pandemic, many people felt that in-person events were a thing of the past, but the year-on-year increase in visitor numbers to events such as this year’s Multimodal exhibition (up 7.5% in 2026 over 2025) prove otherwise. BIFA stages both local and national events exclusively for Members, bringing together expert speakers on a wide-range of topics and providing up-to-date information affecting day-to-day operations. Additionally, educational webinars are hosted when specific topics are identified as being of interest to the membership. Some events take place virtually, with the majority happening in-person at venues the length and breadth of the country. Events held on a regular basis include: • Regional Member Meetings – 51 meetings were scheduled for 2026 at venues from Aberdeen in
“ BIFA stages both local and national events exclusively for Members, bringing together expert speakers on a wide- range of topics and providing up-to-date information affecting day-to-day operations
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Events
– BIFA Awards. • Young Forwarder Network – The BIFA Young Forwarder Network holds both in-person and virtual events aimed at those members of staff under the age of 32. Most events have an educational aspect with topics of discussion including incoterms, insurance, personal development, wellbeing and special services such as the transport of dangerous goods and live animals. • BIFA Liverpool Annual Dinner – A black-tie social event in Liverpool for BIFA Members and their guests raising much-needed funds for local charities. Tickets for March 2027 will go on sale in the autumn. • BIFA Golf Days – Raising money for Transaid, the BIFA Golf Days provide a great opportunity for BIFA Members to reward team Members or entertain guests in a social environment. • Webinars – As and when required, webinars are held to update Members on new procedures and changes to regulations. Book to attend All the above events are open to BIFA Members but you will need to book your place to attend. Go to https://bifa.org/events/ to browse the list of upcoming events and make your bookings. Representing the industry In addition to the BIFA-hosted events listed above, you will regularly find BIFA personnel representing the freight forwarding industry at a number of external events including the annual Multimodal exhibition, the FIATA World Congress and a variety of specialist conferences ranging from freight crime to risk and insurance issues. Make the most of your membership To get the greatest value from your membership subscription ensure that your organisation has nominated a BIFA Administrator to add, remove and update contacts in the BIFA Member portal. Users should then maintain their own communications preferences in order to receive relevant messages from BIFA.
Clockwise from the top: The BIFA Freight Service awards; the Young Forwarder Network; the Business Leaders Forum; regional meetings; The BIFA National Conference
BOOK NOW
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Policy & Compliance
Both BIFA and CLECAT have been working on speci fi c guidance aimed at preventing freight forwarders falling victim to identity fraud Guidance on preventing identity-based cargo theft
A recurring theme of BIFA’s victim of fraud and/or theft. Sometimes, one leads onto the next. For instance, identity theft is perpetrated in order to facilitate theft of cargo by deception – quite often the entire load. BIFA has prepared guidance on due diligence in an effort to prevent Members falling victim of such criminal activity. In addition current workload is trying to assist Members who are the CLECAT, a trade association representing European freight forwarding and logistics trade associations, has been working on specific guidance aimed at preventing freight forwarders falling victim to identity fraud. This is an ongoing issue and particularly affects users of freight exchanges, where fictitious hauliers bid for loads that are then stolen. Europe-wide issue It would be quite wrong to presume that cargo theft is a British problem – it is a Europe-wide issue. Cargo theft poses a significant risk for the logistics sector. Traditional theft, which is a physical crime, tends to follow the cargo flows along the main road networks. However, there is a growing threat posed by deception-based schemes. Criminals, many of whom display good operational knowledge of freight forwarding processes, exploit procedural weaknesses,
forged documents, fraudulent domain names and email addresses, and other forms of digital impersonation. Former physical processes such as visiting clients before granting them credit facilities have been replaced in many cases by digital checks. It is fair to say that in some cases the checks on a company’s credit-worthiness are over-reliant on data that has not been fully analysed and in some cases submitted by criminals to Companies House, which has a disclaimer on its website confirming that accounts are not checked. Having read CLECAT’s guidance, BIFA notes that it provides a systematic framework for strengthening due diligence and verification procedures at all stages of a supply chain business relationship. The guidance considers the following key areas: • Carrier onboarding and verification, • Secure communication practices,
• Financial safeguards, • Physical loading/unloading procedures, including documentation checks, • Driver and vehicle identification checks, • If the worst happens and a crime is committed, how the matter should be reported and to whom. Playing catch-up In many ways the criminals have gained a march on the police and trade, and both are playing catch- up in effort to minimise the former’s impact. It has to be remembered that the former only needs to be successful once to obtain what they want – trade has to be 100% successful in protecting itself to prevent losses. BIFA would like to thank CLECAT for making the Guide on Preventing Identity-Based Cargo Theft available.
“ Criminals only need to be successful once to
obtain what they want – trade has to be 100% successful in protecting
itself to prevent losses
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BIFA TV
Where can you watch BIFA TV? If you have not yet caught BIFA TV, you can subscribe and watch it on the BIFA You Tube Channel or via the BIFA LinkedIn page. To ensure that you receive the daily email notification for each episode of BIFA TV, sign up to the BIFA Member Portal and update your communication preferences. How you watch BIFA TV is up to you – take a few minutes to watch it every day, binge-watch the week with a tea or coffee, or select a playlist to catch up on a specific topic of interest. For example: Training with BIFA, Sustainable Logistics, Policy and Compliance Matters and The Young Forwarder Network. It is also possible to search the episodes via the 🔍 on the YouTube page if you are looking for something specific. What’s coming next? With a new larger recording studio at BIFA HQ and the recent appointments of Dawn White as events and communications director, and Amanda Francis as PR manager, Steve Parker is excited about the future expansion of BIFA TV, bringing essential information to Members in a snappy and accessible format. Further, more detailed, information on all topics will continue to be available in the BIFAlink magazine or within the Information & Guidance area of the BIFA website. If you have a suggestion for a future episode of BIFA TV, contact Amanda for a discussion.
Since the launch of BIFA TV, over 500 episodes have been released with special features on diverse topics as well as a series of regular items What’s your viewing style?
W ith the advent of watching was born, a far cry from the traditional TV viewing of sitting down at the prescribed time to catch the latest episode of your favourite show. BIFA TV Your Daily Dose of Industry Information, originally known as BIFAlink TV, launched in streaming services the phenomenon of binge- interviewing director general Steve Parker for his first recorded Director General’s Column in which he reflected on the recent Multimodal exhibition and promoted the upcoming Business Leaders Forum. Since then, BIFA TV has released over 500 episodes including special features on topics as diverse as Women in Freight, Opportunities in Africa and Fighting Freight Crime. There are also the regular Director General’s Column, What the Papers Say, BIFAlink Highlights July 2024 with Natalie Pitts, communications manager, and a wide variety of topics relating to the BIFA Standard Trading Conditions, training and apprenticeships, BIFA Events, Customs and many other issues affecting the day-to-day operations of BIFA Members.
Another highlight for the team is meeting Members at the BIFA Awards, Business Leaders Forum events, Multimodal and the National Conference – if you have never attended one of these events, take a look at the showreels to feel the energy and engagement in the room then check out BIFA Events to register for the next opportunity.
As well as regulars such as the Director General’s Column, there
are special features on topics as
diverse as Women in Freight and Opportunities in Africa
August 2026 | 13
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Events
BIFA National Conference 2026: Navigating a Shifting World With the strapline ‘Navigating a Shifting World’, the BIFA National Conference will provide Members with the information they need to plan a clear path through the dynamic legislative and commercial landscape in which they operate
T here is still time to secure your tickets to the 2026 BIFA National Conference taking place next month. A variety of ticket options are available including day tickets, local delegate tickets or fully inclusive packages. Packed agenda With two days of incisive discussion on a wide range of topics, led by subject matter experts of the secretariat, BIFA Members will leave the conference with a lot to think about. Our agenda includes: • Freight Crime Panel – Speakers in our Freight Crime session will explore the growing risks facing BIFA Members from both financial fraud and freight- related crime. It will examine how criminals exploit weaknesses in company information and payment practices, leaving businesses exposed to unpaid services and fraudulent trading activity. It will also highlight BIFA’s ongoing work with Companies House to improve the reliability of company registry data and support stronger due diligence checks. • AI & Data Panel – From cargo data pipelines to government adoption, AI is quietly reshaping every corner of the logistics landscape. Join our expert speakers as they explore how AI is transforming data usage in forwarding and an academic perspective on the broader developments driving the technology forward. • Sustainable Logistics Panel – In this session, speakers will explore practical pathways for decarbonising road freight, with a focus on electrification and heavy goods vehicles, highlighting common misconceptions of electric HGVs and explaining where electrification already works and what barriers remain. We will also hear how logistics leaders can turn emissions data into operational and financial decisions. • Beyond the Border: The Future of EU Customs & Trade – As the EU continues to reform its customs framework and increase its focus on digitalisation, data quality and border compliance, freight forwarders face both new challenges and opportunities. In this session, we will examine the key EU customs and regulatory developments that could affect UK-EU trade in the years ahead and explore how technology, automation and better data management can help businesses adapt. • What’s Coming Next for Employers? – Recruiting,
retaining, and managing a workforce has become increasingly challenging. Against a backdrop of evolving employment legislation, businesses need to understand what lies ahead. This session will explore the employment reforms in the Employment Rights Act 2025, billed as the biggest upgrade in workers’ rights in a generation, helping business leaders plan confidently for the future. • Keynote Speakers – Following the recent change of Prime Minister and with the forthcoming party conference season in mind, BIFA is currently in discussion with a number of MPs with the intention of securing one or more to attend the BIFA National Conference as Keynote Speakers. Time for a break During the two days, there will be plenty of time for networking with other delegates, and visiting the sponsors and exhibitors to discuss how their solutions can make your day-to-day operations more streamlined. We are also delighted to welcome the RHA with its HGV driver simulator to the event. Ticket holders will be able to book a timeslot to test their driving skills behind the wheel of an HGV – and there may even be a small prize for the best driver. Football legends On Wednesday evening delegates on fully inclusive tickets are invited to relax and enjoy an evening together at the drinks reception and gala dinner. During the evening we will hear from BIFA’s policy & compliance director Pawel Jarza who will have just completed the 450 km Transaid Kilimanjaro to Coast Cycle Challenge. After dinner we welcome football legend Tony Cottee, the ex-West Ham striker, in conversation with his old boss Harry Redknapp. Harry enjoyed a long career as a professional player and manager, leading Premier League clubs such as West Ham United, Tottenham Hotspur, QPR and Portsmouth. He was also
“ With two days of incisive discussion on a wide range of topics, led by subject matter experts of the secretariat, BIFA Members will leave the conference with a lot to think about
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Events
Above: Why not try out the RHA
HGV driver simulator?
Left: King of the Jungle Harry Redknapp and football legend Tony Cottee
“ Where else will you find such a wide range of speakers, two football legends and the chance to drive an HGV simulator?
crowned ‘King of the Jungle’ in the 2018 series of I’m a Celebrity … Get Me Out of Here! . Together, Tony and Harry are sure to have a lot to talk about. BOOK NOW The BIFA National Conference takes place at The Slate, Warwick Conferences, Coventry, on Wednesday 23 and Thursday 24 September. Ticket prices start at just £175 + VAT for a BIFA Member day ticket. Where else will you find such a wide range of speakers, two football legends and the chance to drive an HGV simulator? BOOK NOW to secure your place at this unmissable event.
If you need any more persuasion, take a look at the BIFA TV showreels of the 2025 conference:
Sponsor and exhibitor opportunities If you are interested in sponsoring or exhibiting at the conference, contact BIFA Events for information.
August 2026 |
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Legal
Caught in the middle: Court rules on a carrier facing rival claims
The Commercial Court has provided clarity and a useful precedent in a ruling on a carrier facing rival claims for delivery under English law BIFA is grateful to law firm Holman
W hen two or more parties are in a dispute as to who is entitled to a cargo under a bill of lading, the carrier often fi nds itself caught in the middle, exposed to a potential mis-delivery claim should it deliver to one party over another. English law has long recognised that carriers should not be forced to referee underlying sales disputes, but what should a carrier do when rival claims are made? In Kama Metal Trading LLC v Maersk , the Commercial Court held that a carrier can (if the relevant conditions are satisfied) take advantage of CPR Part 86 and make a stakeholder application, asking the court for directions as to which party the cargo should be delivered without liability to the non-receiving party. This is the first instance of a carrier using the stakeholder
procedure under CPR Part 86 in a bill of lading dispute concerning competing claims to the cargo. The decision offers a welcome route to carriers faced with competing and inconsistent claims. Kama Metal Trading LLC v Maersk & Others [2026] EWHC On 1 November 2025, Maersk issued a bill of lading in respect of three containers. The cargo was shipped on board a Maersk vessel on 29 September 2025 at Mombasa, Kenya, for discharge at Penang, Malaysia. The claimant, Kama Metal Trading LLC, was the named consignee under the bill of lading. Discharge took place on 1 November 2025, the same day the bill of lading was issued. 940 (Comm) Background
Fenwick Willan for permission to reproduce this article.
The claimant, being the holder of the bill of lading, would ordinarily be entitled to seek delivery up of the cargo upon presentation of the original bills, subject to competing claims or other circumstances that may give rise to a carrier seeking the court’s directions. In this case, the named shipper asserted that it retained an interest in the cargo,
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Legal
“ The court reaffirmed the long- established principle of English law: a carrier is both entitled and obliged to deliver cargo against presentation of an original bill of lading
did not participate in the English proceedings. Judgment In order to qualify for stakeholder relief, under CPR rule 86.1 the applicant must show that it is a ‘stakeholder’, properly defined, namely: (a) a person under a liability “in respect of... goods”; and (b) that “competing claims are made or expected to be made against that person in respect of... those goods... by two or more persons”. HHJ Pelling found that Maersk qualified as a stakeholder for the purposes of CPR 86 such that there was jurisdiction to make the order sought. Applying SKAT v Sanjay Shah [2020] EWHC 1658 (Comm) , the court confirmed that a ‘relevant party’ under CPR rule 86.1 is one which faces competing and inconsistent claims arising from a dispute between rival claimants, rather than from any inconsistent obligations of its own making. HHJ Pelling considered that there were competing claims in the present case. Accordingly, the only remaining issue was what should be done in relation to the cargo. While the shipper’s correspondence was capable of constituting a competing claim (such that the stakeholder jurisdiction was engaged), the court found there was no evidence substantiating that claim. By contrast, the consignee was able to produce the original bills of lading and provide (via evidence submitted) a credible explanation as to why it was entitled to delivery. The court reaffirmed the long- established principle of English law: a carrier is both entitled and obliged to deliver cargo against presentation of an original bill of lading. On the evidence before the court, there was not sufficient basis to justify departure from that rule. Accordingly, the court considered it appropriate to make the order sought, namely for Maersk to deliver the cargo to the claimant. Maersk and the consignee were able to agree on payment of container demurrage/detention costs and Maersk’s own legal costs and so the court did not have to address these issues in its judgment.
Comment This decision is the first time that a carrier has used the new CPR Part 86 stakeholder procedure to resolve competing claims for delivery. The decision provides welcome clarity and a useful precedent to carriers faced with similar scenarios, wishing to avoid mis-delivery claims. It enables carriers to step out of the firing line and allow the two parties claiming a right to the cargo to fight it out between themselves. Further, the decision reaffirms that delivery against presentation of an original bill of lading remains the rule, not the exception. Carriers are not expected to investigate or adjudicate underlying disputes between shippers and consignees, even where those disputes are vigorously asserted. demonstrates that the position is not immutable where genuine competing claims exist. While not the focus of the decision, the case illustrates the challenges of operating in a multi-jurisdictional environment. Foreign proceedings Although this remains the fundamental principle, the stakeholder procedure commenced in disregard of English law and jurisdiction clauses remain a real risk, particularly where overseas courts may be reluctant to give effect to those clauses and where anti-suit injunctions can be expensive to obtain and may not in fact always assist in practical terms. When drafting clauses in bills of lading and related terms, it is worth considering express reference to interpleader rights, clear recovery provisions for storage, demurrage, detention and legal costs, and indemnities against foreign proceedings to further bolster a carrier’s rights. Overall, Kama Metal Trading LLC v Maersk reinforces a simple message: carriers who act prudently, neutrally and in accordance with the bill of lading can expect English law to stand firmly behind them.
that delivery of the original bills to the claimant had been obtained by subterfuge and that there should therefore be no delivery up of the cargo to the claimant by Maersk. On 3 December 2025, Maersk received a letter of demand from the claimant, claiming that it was the consignee, the lawful holder of the bills of lading, and therefore entitled to delivery up of the cargo. On 19 December 2025, the shipper commenced proceedings in Kenya against Maersk’s Kenyan subsidiary, as well as against the claimant, seeking an injunction restraining the release and delivery up of the relevant cargo. This was notwithstanding the bills of lading, which contained an English law and High Court jurisdiction clause. Stakeholder application Maersk had no interest in the dispute and merely wanted directions as to what should happen to the cargo without incurring any liability to the non- receiving party for mis-delivery. Accordingly, Maersk made a stakeholder application to the Commercial Court for directions under CPR Part 86 as to what it should do with the cargo. Both the claimant and the shipper were served with the application, although the shipper
HFW’s Rory Butler and Miranda Stock acted for Maersk, assisted by trainee Michail Sarantellis. HFW instructed Joseph Gourgey of Quadrant Chambers as Counsel.
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BIFA Awards
How checks in advance can cut border delays
Customs Compliance Award
CNS has served the port community and logistics
In recognition of its engagement with authorities to develop new processes to streamline the border, ALS Customs Services won the inaugural BIFA Customs Compliance Award
such as weights, origins, values and supplier statements. Only then does ALS submit the declaration. Unfortunately a worrying trend is emerging where some companies are using AI providers to look at previous declarations and guess what is required for a current declaration in specific fields, such as CPC. This, said Mutton, is totally non-compliant. So far, such behaviour is going largely undetected owing to widespread misunderstandings about how AI and large language models (LLM) work. AI concerns Mutton explained: “Clients must confirm the classification of goods, but some service providers are doing this via AI to cope with the increase in regulations and complexities post-Brexit. They’re catching up, but until companies are audited there’s no visibility of their using AI to do this. There will be fines and penalties eventually for companies that aren’t compliant.” He is clear that taking advantage of grey areas until the authorities step in is “not the way to do business” and is certainly not how things are done at ALS. Instead: “What we are doing is working with UK authorities, and our EU connections, to develop and implement revolutionary technology solutions such as blockchain-secured first-hand data, that will reduce or remove border delays. “The future of AI in our sector demands innovation and detailed process knowledge. That is what we constantly strive to provide.” sector with leading-edge digital systems since 1986. CNS designs industry-first solutions, such as its Port Community System and Customs Declaration Management Software, to simplify and streamline trade. CNS pioneers innovative solutions tailored to clients’ commercial and operational needs, ensuring regulatory compliance with unmatched expertise.
A LS participated in a pilot with HMRC and the International Centre for Digital Trade and Innovation (iC4DTI) last year, which aimed to show how the new Electronic Trade Documents Act can enable Trusted Key Data to be provided to authorities before goods arrive. Allowing compliance and risk checks to be performed in advance could see the majority of shipments flowing through a green lane, reducing delays. Not only could this remove the border problems caused by Brexit, but it could be replicated in Europe and beyond. Jason Mutton, managing director UK and Ireland at ALS, revealed: “We are now in discussion to extend the HMRC/iC4DTI pilot to a live trial. It’s an initiative with extraordinary potential. “Having this involvement with government means we can shape what comes in the future. It’s of no significant benefit or commercial advantage to us, but it allows us to use our experience to benefit the customs service sector.” Human element While technology is clearly beneficial to customs processes, there are – and should be – limits to its use, Mutton said. “Customs requires an individual to authorise the declaration, so a human element is always required,” Mutton explained. “Of course, AI reduces the human element, increasing efficiency and reducing cost for the customer, but for
“ We are now in discussion to extend the HMRC/iC4DTI pilot to a live trial. It’s an initiative with extra- ordinary potential – Jason Mutton, ALS Customs Services
customs compliance we cannot use AI to ‘guess’ how fields are completed.” ALS operates a hybrid business with declarants as well as data processors for its AI data extraction tools. “In future we might have six AI data processors to one declarant who verifies the data,” Mutton observed. “We’re evolving with the requirements that AI is bringing to the market, but we need to ensure that automation does not reduce compliance.” About 80% of the data coming in to ALS is processed by AI data extraction. It goes to a declarant for ‘Human in the Loop’ review functions specifically for Customs compliance, checking information
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Policy & Compliance
Recent announcements signal a new wave of reforms with the emphasis on simpli fi cation, digitalisation and modernisation of the customs landscape. Customs professionals face new wave of changes
to rectify the import of goods that have arrived in the UK without being formally presented to customs. For businesses and customs professionals, the above signals another upward wave in the amplitude of customs developments. The challenge will not only be to keep pace with these changes but to proactively adapt processes, systems and skills to align with a rapidly evolving regulatory framework. Call for evidence BIFA Members can play a vital role in shaping this evolving landscape. The government has opened a call for evidence on Modernising the UK Customs Regime (open until 15 September 2026) and is undertaking a consultation on Members have an opportunity to provide direct input from the trade side. Engagement at this stage can influence how these changes are designed and implemented in practice in the future. Therefore, BIFA strongly recommends all Members to submit their views on the above initiatives. The detailed reform announcement can be read here: www.gov.uk/government/publica tions/summary-of-tax-update- 2026-simplification-modernisati Introduction of Mandatory Registration for Customs Intermediaries (open until 21 September 2026). As part of these reforms, on-and-fairness/tax-update- 2026-simplification-modernisati on-and-fairness- summary#simplifying-and-mod ernising-the-customs-system Information on a call for evidence on Modernising the UK Customs Regime: www.gov.uk/government/calls- for-evidence/customs-modernis ation/modernising-the-uk- customs-regime--2 Consultation on Introduction of Mandatory Registration for Customs Intermediaries: www.gov.uk/government/consult ations/introduction-of- mandatory-registration-for-cust oms-intermediaries
T he last few years have kept the customs clearance industry exceptionally busy. From post- Brexit adjustments to the roll-out of new border systems, the pace of regulatory and operational changes has been keeping traders occupied. However, rather than slowing down it looks like the UK government is planning to accelerate the changes further. Recent announcements signal a new wave of reforms with the emphasis on simplification, digitalisation and modernisation of the customs landscape. A key milestone in this direction is the government’s 2026 Tax Update, which outlines 11 customs simplifications and modernisation administrative burdens and enhance compliance to improve the overall efficiency of international trade. One of the main pillars of the reforms is digital transformation. The government is investing in electronic trade documentation, which will enable customs processes to shift away from paper- based systems. One of the first examples listed in the announcement is the introduction of digital ATA Carnets replacing traditional paperwork for temporary imports and exports. The reform also suggests a continued focus on various trade digitalisation programmes, which will require voluntary trade participation in international digital trade corridors and the processing of electronic trade documents. Closely linked to the digital initiatives. These measures collectively aim to reduce transformation is the exploration of digital verifiable credentials, which could allow traders to securely share trusted data across borders and various government departments. This initiative indicates a desire to create a more interconnected and automated customs ecosystem.
Arti fi cial Intelligence Another major project noted in the announcement is the use of artificial intelligence. The government is testing AI applications to assist customs with real-time document government is enhancing user- facing digital tools too, such as the Online Trade Tariff. The intention is to transform it into a more intuitive, scenario-based advisory service supported by AI. It will help traders better understand duties, rules, and compliance requirements. Customs intermediaries The reforms also address the quality and greater transparency of and compliance checks. On the other hand, the customs intermediaries’ services. With the intermediary standard already published, there are plans to introduce a voluntary certification scheme. In addition, the authorities are undertaking a consultation on a mandatory registration of the intermediaries. These measures are designed to raise professional standards and build greater trust in the intermediary sector. From a perspective of procedural changes, the reform envisions the delivery of the low value import changes and also the introduction of the voluntary disclosure process
“ The challenge will not only be to keep pace with these changes but to proactively adapt processes, systems and skills to align with a rapidly evolving regulatory framework
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