A/S D/S Svendborg v Akar

A/S D/S Svendborg v Akar

The defendants fraudulently removed goods from containers and made false and inflated claims in breach of exclusive English law and jurisdiction clauses, entitling the claimants to damages for deceit, breach of contract, and indemnity for costs incurred in defending foreign proceedings.

Parties
Claimant: A/S D/S Svendborg and D/S af 1912 A/S trading as Maersk Sealand; Defendant: Ali Hussein Akar; Defendant: Lamtex; Defendant: Raja Beydoun; Defendant: Etablissements Raja Beydoun; Defendant: Hussein Ali Akar
Jurisdiction
England and Wales
Judgment Date
15 April 2003
Procedural Posture
Commercial Claim (damages for Deceit and Breach of Contract) / Judgment After Uncontested Trial
Outcome
Judgment for the claimants
Legal Topics
Deceit, Breach of Contract, Exclusive Jurisdiction Clauses, Damages, Indemnity, Costs
Commercial Law Contract Law Shipping Law Fraud Deceit Breach of Contract Exclusive Jurisdiction Clauses Damages +2 more

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Parties

A/S D/S Svendborg and D/S af 1912 A/S trading as Maersk Sealand

Claimant

Ali Hussein Akar

Defendant

Lamtex

Defendant

Raja Beydoun

Defendant

Etablissements Raja Beydoun

Defendant

Hussein Ali Akar

Defendant

Procedural Posture

Commercial Claim (damages for Deceit and Breach of Contract) / Judgment After Uncontested Trial

Legal Issues

  1. 1 Whether the defendants fraudulently claimed for non-delivery of goods and inflated losses
  2. 2 Whether the defendants breached exclusive English law and jurisdiction clauses in the bills of lading
  3. 3 Whether the claimants are entitled to damages and indemnity for costs incurred in foreign proceedings

Ratio Decidendi

The defendants fraudulently removed goods from containers and made false and inflated claims in breach of exclusive English law and jurisdiction clauses, entitling the claimants to damages for deceit, breach of contract, and indemnity for costs incurred in defending foreign proceedings.

Court Disposition

Judgment for the claimants

Orders

  • Declaration that the claim by the first, second, and fifth defendants for non-delivery is false and fraudulent
  • Damages against the first, second, and fifth defendants for deceit and/or breach of contract and/or bailment in the sum of US$130,941.48 plus interest of US$7,414.73