Cosco Container Lines Company Ltd v Batchford (t/a County Contractors) & Anor [2013] EWHC 840 (QB) (24 April 2013)

Cosco Container Lines Company Ltd v Batchford (t/a County Contractors) & Anor [2013] EWHC 840 (QB) (24 April 2013)

The court found, on the evidence, that Mr. Scheller acted as agent for Mr. Batchford in entering into contracts of carriage with Cosco. Mr. Batchford was the shipper under the bills of lading and liable for shipping charges and demurrage. The documentation, conduct, and involvement in similar arrangements with other shipping lines supported this conclusion. Mr. Batchford's inconsistent explanations and lack of credible evidence to the contrary were rejected.

Citation
[2013] EWHC 840 (QB)
Parties
Claimant: Cosco Container Lines Company Limited; First Defendant: Robert John Batchford (trading as County Contractors); Second Defendant: Gunter Scheller (trading as Kent International Freight Services UK Ltd.)
Jurisdiction
England and Wales
Judgment Date
24 April 2013
Procedural Posture
Commercial Claim / Final Judgment After Trial
Outcome
Judgment for the claimant against the first defendant.
Legal Topics
Agency, Bills of Lading, Freight Charges, Demurrage, Misrepresentation, Joint and Several Liability
Commercial Law Shipping Law Contract Law Agency Bills of Lading Freight Charges Demurrage Misrepresentation +1 more

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Parties

Cosco Container Lines Company Limited

Claimant

Robert John Batchford (trading as County Contractors)

First Defendant

Gunter Scheller (trading as Kent International Freight Services UK Ltd.)

Second Defendant

Procedural Posture

Commercial Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mr. Batchford is liable for unpaid shipping charges and demurrage under contracts of carriage evidenced by bills of lading
  2. 2 Whether Mr. Scheller acted as agent for Mr. Batchford in entering into contracts with Cosco
  3. 3 Whether Mr. Batchford was the shipper under the bills of lading

Ratio Decidendi

The court found, on the evidence, that Mr. Scheller acted as agent for Mr. Batchford in entering into contracts of carriage with Cosco. Mr. Batchford was the shipper under the bills of lading and liable for shipping charges and demurrage. The documentation, conduct, and involvement in similar arrangements with other shipping lines supported this conclusion. Mr. Batchford's inconsistent explanations and lack of credible evidence to the contrary were rejected.

Court Disposition

Judgment for the claimant against the first defendant.

Orders

  • First defendant to pay Cosco Container Lines Company Limited £146,053.11 plus interest.
  • Judgment previously entered against second defendant for breach of unless order.