AMS Ameropa Marketing and Sales AG v Ocean Unity Navigation INC

AMS Ameropa Marketing and Sales AG v Ocean Unity Navigation INC

A bill of lading holder claiming damages for cargo damage from a shipowner does not need to give credit for payments received under a sale contract, as such payments are collateral (res inter alios acta) and arise independently of the shipowner’s breach; the right to recover full damages is based on property in the goods and established shipping law principles.

Parties
Respondent/claimant: AMS Ameropa Marketing and Sales AG; Respondent/claimant: Baloise Belgium S.A.; Appellant/defendant: Ocean Unity Navigation Inc
Jurisdiction
England and Wales
Judgment Date
11 January 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Damages for Cargo Damage, Collateral Payments, Assignment of Claims, Bill of Lading Rights, Mitigation of Loss
Shipping Law Contract Law Commercial Law Damages for Cargo Damage Collateral Payments Assignment of Claims Bill of Lading Rights Mitigation of Loss

Case Brief

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Parties

AMS Ameropa Marketing and Sales AG

Respondent/claimant

Baloise Belgium S.A.

Respondent/claimant

Ocean Unity Navigation Inc

Appellant/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a bill of lading holder must give credit for payment received from seller when claiming damages from shipowner for cargo damage
  2. 2 Whether payment received under a sale contract is collateral (res inter alios acta) or must be credited against damages

Ratio Decidendi

A bill of lading holder claiming damages for cargo damage from a shipowner does not need to give credit for payments received under a sale contract, as such payments are collateral (res inter alios acta) and arise independently of the shipowner’s breach; the right to recover full damages is based on property in the goods and established shipping law principles.

Court Disposition

Appeal dismissed

Orders

  • Ameropa entitled to recover USD 293,755.10 as assignee of Oilex’s rights under the bills of lading
  • No credit required for payment of USD 284,015.08 received from Ameropa by Oilex