Milan Nigeria Ltd v Angeliki B Maritime Company [2011]
EWHC 892 (Comm)
Who has the burden of proving the cause of cargo damage when the
shipowner relies on a defence to avoid liability? What is the
effect of a Tribunal's order that certain arguments be shut
out? And should cargo damage should be paid for in the
claimant's local currency or U.S. dollars? These questions were
considered in The Angeliki B.
Facts
The Court was asked to consider issues arising from an Award of
the London arbitration Tribunal in favour of Milan Nigeria Ltd for
damage to cargo carried on the Angeliki B. The English law
bills of lading were subject to the Hague Rules. Milan said the
ship-owner carriers had breached Article III rule 2 of the Rules by
failing to "properly and carefully load, handle, stow,
carry, keep, care for, and discharge the goods carried".
The shipowners sought to avoid liability under Article IV rule 2(m)
on the basis that the cargo damage was due to an "inherent
de
