Cargo claims handbook
June 2024
Contents
Using this handbook 03.
Sea carriage: core documents 04.
CMR/road carriage: core documents 05.
Warehouse damage: core documents 06.
Categories of sea damage claims 07.
Categories of warehouse damage 19.
24.
Categories of CMR/road carriage 14.
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 2023
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 invoice; - 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: - Reefer unit break down/stoppage - Damaged container (worn or missing seals, hole in the container) - Incorrect settings
Additional documents: - 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
Survey to cover the following points: - Cause of variation in the temperature - Documents evidencing the damage to the cargo
9
Sea carriage: mechanical/ physical damage
Possible causes: - Handling during carriage - Handling during loading/discharge - Stowage - Packaging - Temperature variation
Additional documents: - Temperature data loggers - Stowage plan of the Vessel Photographs of the damage showing: Pattern of damage Extent of the damage Stowage Packaging Movement records
Survey to cover the following points:
- Nature and extent of the damage - The likely cause of the damage
10
Sea carriage: wetting/mould
Possible causes: - Damaged container (worn or missing seals, hole in the container) - Incorrect ventilation settings - Damaged or incorrectly operating reefer units - Stowed incorrectly
Additional documents: - 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
11
Survey to cover the following points: - 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 2023
12
Sea carriage: delay
Possible causes: - 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
Additional documents: - 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
Survey to cover the following points: - Cause of the delay - Details of any damage - Reduction in shelf life
13
Sea carriage: theft/shortage/non-delivery
Possible Causes: - Another person purporting to be the appointed carrier to collect the cargo - Misdelivery of the cargo to the wrong place/person - Theft of the cargo - Rough handling of cargo during loading and/or discharge
Additional Documents: - 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
Survey to cover the following points:
- Location where the theft occurred - Quantity of the cargo stolen and its value
14
Categories of CMR/road carriage
CMR/road carriage: stowaways
Possible causes: - 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
Additional documents: - 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
Survey to cover the following points: - When/how the stowaways gained entry - Nature of any physical damage to the trailer/cargo - Possibility of contamination to the cargo
16
CMR/road carriage: contamination
Possible causes: - Failure to clean the trailer - Failure to remove cleaning fluid residue - Defects in the container
Additional documents - 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
Survey to cover the following points: - Details of previous cargoes (last 3) carried - Details of cleaning method - Details of contamination and the effect on the cargo
17
CMR/road carriage: temperature abuse
Possible causes: - Damaged container (perished seals/hole in the container/ blocked drains) - Reefer malfunction - Poor stowage
Additional documents - 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
Survey to cover the following points: - Requested temperature during carriage - Recorded temperature during carriage - Fate of cargo
18
CMR/road carriage: theft/shortage/ non-delivery
Possible causes: - Entire lorry stolen en route
Additional documents - 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
Survey to cover the following points:
- Location where the theft occurred - Quantity of the cargo stolen and its value
- 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
19
Categories of warehouse damage
Warehouse damage: theft/shortage
Possible causes: - Break in to the warehouse and partial/full theft of the cargo - Another person purporting to be the appointed carrier to collect the cargo
Additional documents: - CCTV footage for the warehouse - Police reports - Security measures put in place - Where there is partial theft – photographs of the remaining cargo
Survey to cover the following points: - 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
21
Warehouse damage: contamination
Possible causes: - Cross contamination with other cargo held in the warehouse - Leakage from equipment - Unauthorised access to the warehouse
Additional documents: - 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
Survey to cover the following points: - 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
22
Warehouse damage: wetting/mould
Possible causes: - Flooding - Incorrect ventilation settings in the warehouse - Damaged or incorrectly operating reefer units
Additional documents: - Sprinkler layout - Maintenance records for sprinkler system - Photographs of any leaks in the roof - Details of the flood defence system
Survey to cover the following points: - 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 2023
23
Warehouse damage: temperature abuse
Possible causes: - Damaged or incorrectly operating reefer units - Poor storage - Fire
Additional documents: - 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
Survey to cover the following points: - 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
24
Team Sheet
Simon Culhane Partner, Guildford +44 20 7876 5329
Andrew Nicholas Partner, Guildford +44 20 7876 5327
Jai Sharma Head of Cargo Casualty, London +44 20 7876 5457
Jai.Sharma@clydeco.com
Simon.Culhane@clydeco.com
Andrew.Nicholas@clydeco.com
Christopher Pratts Partner, London +44 20 7876 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
Sophie.Grant@clydeco.com Sophie Grant Legal Director, Guildford +44 20 7876 5464
Jennifer.Lavelle@clydeco.com Jennifer Lavelle Senior Associate, Guildford +44 20 7876 5736
Craig.Bird@clydeco.com
25
Team Sheet
Liz.Watton@clydeco.com Liz Watton Legal Director, Manchester +44 161 829 6484
Jessica.Reed@clydeco.us Jessica Reed Senior Associate, New York +1 212 710 3933
Andrew.Boyle@clydeco.com Andrew Boyle Senior Associate, Guildford +44 20 7876 5422
Cameron Boyd Senior Associate, Dubai +971 58 647 8131
Daniel Jennings Associate, London +44 20 7876 4382
Jamie Robinson Associate, Guildford +44 20 7876 5519
Cameron.Boyd@clydeco.com
Daniel.Jennings@clydeco.com
Jamie.Robinson@clydeco.com
Ifeoluwa Ogunsakin Associate, London +44 20 7876 4217
Alessandro Ferrari Associate, London +44 20 7876 4199
Charles Smith Consultant, Guildford +44 20 7876 5380
Ifeoluwa.Ogunsakin@clydeco.com
Alessandro.Ferrari@clydeco.com
Charles.Smith@clydeco.com
26
Team Sheet
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
Puneet Sareen Master Mariner, Guildford +44 20 7876 5383 Puneet.Sareen@clydeco.com
Neil Bailey Senior Marine Manager, Guildford +44 20 7876 5447
Sara Yitbareck Chartered Legal Executive, Manchester +44 161 240 2554
Natashah Hitti Paralegal, Guildford +44 20 7876 6230
Neil.Bailey@clydeco.com
Sara.Yitbareck@clydeco.com
Natashah.Hitti@clydeco.com
Jessica.Cook@clydeco.com Jessica Cook Trainee Solicitor, Guildford +44 20 7876 5304
Varsha Ramann Paralegal, London +44 20 7876 4391
Natasha.Davey@clydeco.com Natasha Davey Legal Apprentice, Guildford +44 20 7876 4740
Varsha.Ramann@clydeco.com
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www.clydeco.com
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Clyde & Co LLP is a limited liability partnership registered in England and Wales. Authorised and regulated by the Solicitors Regulation Authority.
© Clyde & Co LLP 2023
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