Marine Cargo Claims Handbook
August 2025
Contents
Using this handbook 03.
Sea carriage: core documents 04.
CRM/road carriage: core documents 05.
Warehouse damage: core documents 06.
Categories of sea damage claims 07.
Sea carriage: temperature variation/ damage during transit 08.
Sea carriage: wetting/mould 10.
Sea carriage: delay 11.
Sea carriage: theft/shortage/ non-delivery 12.
Categories of CMR/road carriage 13.
09.
CMR/road carriage: stowaways 14.
Sea carriage: mechanical/
physical damage
CMR/road carriage: contamination 15.
CMR/road carriage: temperature abuse 16. Warehouse damage: temperature abuse 22.
CMR/road carriage: theft/shortage/ non-delivery 17.
Categories of warehouse damage 18.
Warehouse damage: theft/shortage 19.
Warehouse damage: contamination 20.
Warehouse damage: wetting/mould 21.
23.
Team Sheet
3
Using this handbook
This handbook is intended to outline the key supporting documentation to be obtained in cases of damage to cargo during sea carriage, road carriage and/or storage in a warehouse. The core documents section outlines the absolute minimum documentation that should be obtained in cases of damage. Once the likely cause (or causes) of the damage has been ascertained; the relevant section should be consulted to identify the additional documentation that should be obtained. The additional documentation may either be requested by the carrier during the claim process or it may be required to strengthen the claim against the carrier.
Please note that this handbook serves only as a guide in order to assist with the collection of claim documentation to help to establish and evidence the cause of the damage. Requirements may differ in each case and if there is any doubt early, fact-specific legal advice should be obtained.
4
Sea carriage: core documents
- Bill of Lading/Sea Waybill; - reverse side of the Bill of Lading or Sea Waybill (including any endorsements, if applicable); - commercial invoice; - packing list; - notification of loss liability letter and/or any request to attend a joint survey; and - survey report including supporting annexes.
“
Their knowledge of the shipping industry is deep and they bring an excellent understanding of both the law and the commercial aspects.
The Legal 500
5
CRM/road carriage: core documents
Copy of CMR note with any remarks made on its face in relation to the condition of the cargo on arrival;
Commercial invoices;
Packing list;
Liability letter;
Notification of loss and/or any request to attend a joint survey; and
Survey report and any photographs of the cargo and or stow taken by the receiving warehouse.
6
Warehouse damage: core documents
Warehousing service or storage contract;
Warehouse Agreement;
Commercial invoice or stock units relating to the damaged cargo;
Evidence of the quantity and value of the damaged cargo;
Notification of loss/liability letter and/or any request to attend a joint survey; and
Survey report and any photographs of the damage.
7
Categories of sea damage claims
Sea carriage: temperature variation/ damage during transit
Possible causes:
Additional documents:
Survey to cover the following points:
- Reefer unit break down/stoppage; - Damaged container (worn or missing seals, hole in the container); - Incorrect settings
- Pre-trip inspection reports; - Container movement records; - Temperature data logger; - Evidence of container settings; - Equipment interchange receipts; - Temperature maintenance logs; - Photographs of the container and any damaged components - Photographs of the effect of the temperature variations on the cargo
- Cause of variation in the temperature; - Documents evidencing the damage to the cargo
Sea carriage: mechanical/ physical damage
Possible causes:
Additional documents:
Survey to cover the following points:
- Handling during carriage; - Handling during loading/discharge; - Stowage; - Packaging; - Temperature variation
- Temperature data loggers; - Stowage plan of the Vessel Photographs of the damage showing: - Pattern of damage - Extent of the damage - Stowage - Packaging - Movement records
- Nature and extent of the damage; - The likely cause of the damage
10
Sea carriage: wetting/mould
Possible causes:
Additional documents:
Survey to cover the following points:
- Damaged container (worn or missing seals, hole in the container) - Incorrect ventilation settings - Damaged or incorrectly operating reefer units - Stowed incorrectly
- Photographs of any physical damage to container (broken/damaged or missing seals or holes) - Pictures of the wet product showing: - The extent of the wetting - The location of the wetting - The wetting of the container floor (if any) - Any damage to or hole in the container where the wetting may have originated from - Stowage plan and location - Container movement records - Equipment interchange receipts - Evidence of container settings - Stowage plan of the Vessel - Pre-loading surveys/certificates of weight quality and quantity - Photographs of dunnaging/ packing of products - Salinity tests
- Possible causes of the damage - Extent and pattern of the damage
“
Clyde & Co are very well-established as a market leader in shipping. They have a depth of experience and the resources to handle the biggest cases.
The Legal 500
11
Sea carriage: delay
Possible causes:
Additional documents:
Survey to cover the following points:
- Unseaworthy Vessel - Congestion at the port - Bad weather - Customs and processing - Insolvency of the carrier - Errors in cargo handling or administration of voyage - Pirates - Cyber attack
- Documents evidencing cause of delay - Container movement records - Photographs and/or other documentary evidence showing manufacture date of the cargo - Evidence of damage (if any) to the cargo - Evidence to determine whether the temperature requirements were maintained
- Cause of the delay - Details of any damage - Reduction in shelf life
12
Sea carriage: theft/shortage/non-delivery
Possible causes:
Additional documents:
Survey to cover the following points:
- Another person purporting to be the appointed carrier to collect the cargo - Mis-delivery of the cargo to the wrong place/person - Theft of the cargo - Rough handling of cargo during loading and/or discharge
- Photographs of any security measures put in place by the carrier (padlocks/seals/alarms) - Photographs of the container - Container movement records - Loading/Discharge report - Where there is partial theft – photographs of the remaining cargo
- Location where the theft occurred - Quantity of the cargo stolen and its value
Categories of CMR/road carriage
14
CMR/road carriage: stowaways
Possible causes:
Additional documents:
Survey to cover the following points:
- Lack of security features on the trailer (no padlock or adequate locking system) - Long stops by the driver during carriage at insecure locations - Leaving trailer unattended - Failure to use secure parking areas
- GPS details of the route taken; - The number of stops (locations and times) made by the driver - Police report - Delivery note (with remarks) - Disposal certificate and invoice - Invitation to joint survey - Survey invoice - Pictures showing: - Extent of physical damage - Items left in the trailer - Contamination to the cargo - Wrapping of the cargo
- When/how the stowaways gained entry - Nature of any physical damage to the trailer/cargo - Possibility of contamination to the cargo
15
CMR/road carriage: contamination
Possible causes:
Additional documents:
Survey to cover the following points:
- Failure to clean the trailer - Failure to remove cleaning fluid residue - Defects in the container
- Cleaning schedule prior to carriage - Load surveys/documents - Evidence of other cargo from same origin shipped at the same time - Delivery note (with remarks) - Evidence detailing lab testing results (if any) - Invitation to joint survey - Disposal certificate and invoice - Salvage invoice (if applicable) - Survey invoice
- Details of previous cargoes (last 3) carried - Details of cleaning method - Details of contamination and the effect on the cargo
16
CMR/road carriage: temperature abuse
Possible causes:
Additional documents:
Survey to cover the following points:
- Damaged container (perished seals/hole in the container/ blocked drains) - Reefer malfunction - Poor stowage
- Container movement records - Evidence of required temperature - Evidence of container settings - Temperature recordings - Equipment interchange receipts - Pattern of damage inside the container - Photographs taken immediately upon delivery by receiver - Delivery note (with remarks) - Disposal certificate and invoice - Salvage invoice (if applicable) - Invitation to joint survey - Survey invoice
- Requested temperature during carriage - Recorded temperature during carriage - Fate of cargo
17
CMR/road carriage: theft/shortage/ non-delivery
Possible causes:
Additional documents:
Survey to cover the following points:
- Entire lorry stolen en route - Another person purporting to be the appointed carrier to collect the cargo - Break in to the trailer and partial theft - Misdelivery - Parking and insecure area
- Police report - Photographs of any security measures put in place by the carrier (padlocks/seals/alarms) - Driver statement - Photographs of any security measures at the location of theft - CCTV footage from the location of the theft or on board the lorry - Tracking data of the lorry - Driver details - Where there is partial theft – photographs of the remaining cargo
- Location where the theft occurred - Quantity of the cargo stolen and its value
Categories of warehouse damage
19
Warehouse damage: theft/shortage
Possible causes:
Additional documents:
Survey to cover the following points:
- Break in to the warehouse and partial/full theft of the cargo - Another person purporting to be the appointed carrier to collect the cargo
- CCTV footage for the warehouse - Police reports - Security measures put in place - Where there is partial theft – photographs of the remaining cargo
- Security measures put in place after the theft took place - Identity of the person who collected the cargo - The types and categories of the cargo stolen - The quantity of each type of cargo stolen - The value of each type of the stolen cargo
20
Warehouse damage: contamination
Possible causes:
Additional documents:
Survey to cover the following points:
- Cross contamination with other cargo held in the warehouse - Leakage from equipment - Unauthorised access to the warehouse
- Evidence of other cargo from the same origin stored at the warehouse - Evidence detailing lab testing results (if any) - Invitation to joint survey - Disposal certificate and invoice - Salvage invoice (if applicable) - Survey invoice
- The types and categories of the cargo damaged - The quantity of each type of cargo damaged - The value of each type of cargo damaged - The extent and type of damage to the cargo - Comprehensive photographs of the damage to the cargo in situ showing
the product code location with warehouse and type of damage
21
Warehouse damage: wetting/mould
Possible causes:
Additional documents:
Survey to cover the following points:
- Flooding - Incorrect ventilation settings in the warehouse - Damaged or incorrectly operating reefer units
- Sprinkler layout - Maintenance records for sprinkler system - Photographs of any leaks in the roof - Details of the flood defence system
- The types and categories of the cargo damaged - The quantity of each type of cargo damaged - The value of each type of cargo damaged - The extent and type of damage to the cargo - Comprehensive photographs of the damage to the cargo in situ showing
the product code location with warehouse and type of damage
“
The complete Clyde & Co cargo team are very strong and have a range of different skills.
Chambers & Partners
22
Warehouse damage: temperature abuse
Possible causes:
Additional documents:
Survey to cover the following points:
- Damaged or incorrectly operating reefer units - Poor storage - Fire
- Maintenance records relating to the fire protection systems - Instructions to the warehouse relating to the temperature/humidity requirements - Temperature recordings - Pattern of damage sustained by the cargo - Disposal certificate and invoice - Salvage invoice (if applicable) - Invitation to joint survey - Survey invoice
- The types and categories of the cargo damaged - The quantity of each type of cargo damaged - The value of each type of cargo damaged - The extent and type of damage to the cargo - Comprehensive photographs of the damage to the cargo in situ showing
the product code location with warehouse and type of damage
23
Team Sheet
Jai Sharma Partner, London +44 20 7876 5457
Simon Culhane Partner, Guildford +44 20 7876 5329
Andrew Nicholas Partner, Guildford +44 20 7876 5327
jai.sharma@clydeco.com
simon.culhane@clydeco.com
andrew.nicholas@clydeco.com
Christopher Pratts Partner, London +44 207 876 6154
Emma Rice Partner, Manchester +44 161 240 2854
Ian Woods Partner, Guildford +44 20 7876 5511
christopher.pratts@clydeco.com
emma.rice@clydeco.com
ian.woods@clydeco.com
Craig Bird Partner, London +44 20 7876 5420
liz.watton@clydeco.com Liz Watton Legal Director, Manchester +44 161 829 6484
sophie.grant@clydeco.com Sophie Grant Legal Director, Guildford +44 20 7876 5464
craig.bird@clydeco.com
24
Team Sheet
jennifer.lavelle@clydeco.com Jennifer Lavelle Senior Associate, Guildford +44 20 7876 5736
andrew.boyle@clydeco.com Andrew Boyle Senior Associate, Guildford +44 20 7876 5422
jessica.reed@clydeco.us Jessica Reed Senior Associate, New York +1 212 710 3933
cameron.boyd@clydeco.ae Cameron Boyd Senior Associate, Dubai +971 4 384 4270
callum.gerrish@clydeco.com Callum Gerrish Senior Associate, Singapore +65 6544 6564
daniel.jennings@clydeco.com Daniel Jennings Senior Associate, London +44 20 7876 4382
jamie.robinson@clydeco.com Jamie Robinson Senior Associate, Guildford +44 20 7876 5519
Ifeoluwa Ogunsakin Associate, London +44 20 7876 4217
Sara Yitbareck Associate, Manchester +44 161 240 2554
ifeoluwa.ogunsakin@clydeco.com
sara.yitbareck@clydeco.com
25
Team Sheet
Alexander Brookes Associate, Manchester +44 161 240 8498
Jessica Cook Associate, Guildford +44 20 7876 5304
Kish Sharma Consultant, London +44 20 7876 6663
alexander.brookes@clydeco.com
jessica.cook@clydeco.com
kish.sharma@clydeco.com
Charles Smith Consultant, Guildford +44 20 7876 5380
john.reed@clydeco.com John Reed Consultant, Guildford +44 20 7876 5507
cristian.andrei@clydeco.com Cristian Andrei Master Mariner, Guildford +44 20 7876 4733
charles.smith@clydeco.com
Neil Bailey Senior Marine Manager, Guildford +44 20 7876 5447
varsha.ramann@clydeco.com Varsha Ramann Litigation Executive, London +44 20 7876 4391
neil.bailey@clydeco.com
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