Procedural Issues In Multiple Cargo Claims

In cases where a number of claims are brought against a carrier concerning cargo loss arising from a common incident or cause, tactical and procedural issues can often play a significant part in maximising potential recoveries. An excellent example of this was provided by the decision in Volcafe Ltd v Compania Sud Americana de Vapores SA (2013) where the carrier's attempt to have individual claims dealt with separately was rejected in the Commercial Court, in a case where the successful claimants were represented by Clyde & Co.

The claims arose in relation to the carriage of coffee by CSAV from Peru and Colombia to Bremen over a six-month period. Nine of the ten claims alleged damage caused by "sweating" or condensation inside the containers during carriage. The tenth claim alleged damage to the cargo by ingress of water through a hole made in the container.