Cosco Container Lines Company Ltd v Batchford (t/a County Contractors) & Anor

Cosco Container Lines Company Ltd v Batchford (t/a County Contractors) & Anor

Mr. Batchford was found to have authorised Mr. Scheller to act as his agent in entering into contracts of carriage with Cosco. As principal, Mr. Batchford was liable for the freight and associated charges under the contracts. The court found insufficient evidence to support Cosco's claim for demurrage. Cosco's sale of the goods was treated as conversion, but the proceeds were properly credited against the sums due. Judgment was entered against Mr. Batchford for the net amount after crediting the sale proceeds.

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
Civil / Judgment After Trial
Outcome
Judgment for the claimant in part.
Legal Topics
Agency, Bills of Lading, Misrepresentation, Demurrage, Conversion, Freight Charges
Contract Law Shipping Law Commercial Law Agency Bills of Lading Misrepresentation Demurrage Conversion +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

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Mr. Batchford was liable under contracts of carriage for unpaid shipping charges and associated costs.
  2. 2 Whether Mr. Scheller acted as agent for Mr. Batchford in entering into contracts with Cosco.
  3. 3 Whether Cosco was entitled to claim demurrage and other charges from Mr. Batchford.

Ratio Decidendi

Mr. Batchford was found to have authorised Mr. Scheller to act as his agent in entering into contracts of carriage with Cosco. As principal, Mr. Batchford was liable for the freight and associated charges under the contracts. The court found insufficient evidence to support Cosco's claim for demurrage. Cosco's sale of the goods was treated as conversion, but the proceeds were properly credited against the sums due. Judgment was entered against Mr. Batchford for the net amount after crediting the sale proceeds.

Court Disposition

Judgment for the claimant in part.

Orders

  • Judgment against Mr. Batchford in the sum of £79,748.95, together with interest to be determined.
  • No order on Mr. Batchford's Part 20 claim against Mr. Scheller.