Coli Shipping (UK) Ltd v Andrea Merzario Ltd [2001] EWCA Civ 1872 (4 December 2001)

Coli Shipping (UK) Ltd v Andrea Merzario Ltd [2001] EWCA Civ 1872 (4 December 2001)

The judge was entitled to find, based on evidence and conduct, that Coli and Merzario acted as principals regarding monetary rights and obligations, and that Coli had title to sue for demurrage.

Citation
[2001] EWCA Civ 1872
Parties
Claimant/respondent: Coli Shipping (UK) Limited; Defendant/applicant: Andrea Merzario Limited
Jurisdiction
England and Wales
Judgment Date
04 December 2001
Procedural Posture
Application for Permission to Appeal / Permission to Appeal Refused
Outcome
Permission to appeal refused
Legal Topics
Agency, Principal Liability, Freight Forwarding, Demurrage
Commercial Law Agency Principal Liability Freight Forwarding Demurrage

Case Brief

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Parties

Coli Shipping (UK) Limited

Claimant/respondent

Andrea Merzario Limited

Defendant/applicant

Procedural Posture

Application for Permission to Appeal / Permission to Appeal Refused

Legal Issues

  1. 1 Whether Coli Shipping (UK) Limited had title to sue for demurrage
  2. 2 Whether the relationship between Coli and Merzario was one of principal or agent

Ratio Decidendi

The judge was entitled to find, based on evidence and conduct, that Coli and Merzario acted as principals regarding monetary rights and obligations, and that Coli had title to sue for demurrage.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused