Legal
Comment on Clause 26(C) This is a widely worded clause excluding liability for indirect or consequential loss and is connected with claims for delay as well as the consequences of goods being lost or damaged. This clause makes reference to Clause 2(B) and may be overridden by the CMR Convention under Article 23.5 of which: “...Customs duties and other charges incurred in respect of the carriage of the goods” shall be refunded. It is important to note that examples are given of indirect or consequential loss in this sub clause such as loss of profit or loss of market. This is because such losses may be direct rather than indirect or consequential and if they are direct then they would not be excluded. Comment on Clause 26(D) This is a conditional offer, optional to the Company, to increase the level of liability under the BIFA STC and contributes to the reasonableness of the BIFA STC in respect of the Unfair Contract Terms Act 1977.
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for making up a complete load in the normal way, exceeds the time it would be reasonable to allow a diligent carrier”. Article 23(5) states: “In the case of delay, if the claimant proves that damage has resulted therefrom, the carrier shall pay compensation for such damage not exceeding the carriage charges”. “Damage” in that context means economic loss because it is a poor translation of “préjudice” in the original French text of the convention. Montreal Convention, Warsaw Convention and non- international carriage rules (air carriage) Liability for delay of cargo is 22 SDR (or in the case of the Un-amended Warsaw Convention 250 gold francs converted to £ sterling) per gross kilo, the same as for loss or damage to goods. Hague-Visby Rules (Sea Carriage) General comment on delay It must always be borne in mind Support your local Member group
“ It must always be borne in mind that delay in itself does not give rise to compen- sation
that delay in itself does not give rise to compensation. It is the consequences of delay which render liability. Under English common law, damages for delay are limited to foreseeable expenses, or to a diminution of the market value of the goods. An important factor is the remoteness of any such loss. However, if goods are physically damaged because of a delay in delivery then a claim becomes one for damage and not for delay.
Region
Date
Venue
Avonmouth
Tue 18 Jun Tue 18 Jun Tue 25 Jun Tue 25 Jun Tue 2 Jul Wed 3 Jul Wed 3 Jul Thu 4 Jul
Davies Turner
Yorkshire
Cedar Court, Bradford Orwell Hotel, Felixstowe Transvalair, Crawley BIFA, Redfern House The Nest, Manchester Dover Marina Hotel
Anglia
Gatwick Heathrow
Manchester
BIFA utilises a network of Regional Representatives around the UK to act as a conduit for the dissemination of information and to seek local Member views on topics of interest. Forthcoming meetings are listed here. All BIFA Members are encouraged to attend their regional meetings, however pre-booking is essential. If there is no event listed in your region see www.bifa.org/events for future dates or contact your local Regional Representative: London West, the South & the South
Kent & East Sussex
London East
DP World London Gateway Videoconference (MS Teams)
Stansted
Thu 4 Jul
West – Paul Cunningham p.cunningham@bifa.org Scotland and the Borders – Chris Curtin c.curtin@bifa.org Northern England and the Midlands – Andrew Melton a.melton@bifa.org Anglia, London East & South East - Paul
Newman paul@pnauk.com Northern Ireland – Shauneen McConville shauneenm@tr-logistics.com BIFA Young Forwarders’ Network FREE networking and information events for younger team members, see www.bifa.org/events
Reporting Freight Related Crime to Border Force – Operations Pegasus and Pandora Please note that there are different numbers for air and ocean. Border Force has confirmed that all reports will be treated in the strictest confidence. Air Contact Numbers Tel: 0203 196 2456 (0700-2000) Tel: 0203 014 5604 (24-hours) Crimestoppers: 0800 555111 or 101 quoting reference Pegasus Ocean Contact Numbers Tel: 01394 303 116 (Office hours) Tel: 07920 587808 (24-hours) Quoting the reference Pandora.
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30 | June 2024
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