Case Digest: Volcafe Ltd v CSAV - Helpful guidance on the interplay of articles in the Hague Rules

A Court of Appeal judgment handed down today, which appears to be the first such judgment given by Flaux in the Court of Appeal (since his appointment as a Lord Justice of Appeal).

This case involves a number of issues relating to the Hague Rules and also the burden of proof in so far as what is required for cargo interests when claiming against a Shipowner/Carrier.

This is likely to be useful for Shipowners defending cargo claims through its determination (confirming the widely held view) that a defendant carrier does not need to first disprove negligence on its part before it can rely on its defences under Article IV Rule 2 of the Hague Rules.

View full judgment of Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA (t/a CSAV) [2016] EWCA Civ 1103