Stef Transport Rennes & Anor v D & M Fraser (a firm)

Stef Transport Rennes & Anor v D & M Fraser (a firm)

Damage to five pallets of cheese occurred during carriage, caused equally by improper stowage by sender and use of Start/Stop mode by carrier; defendant liable for half the damage proved, not for remainder.

Parties
Claimant: Stef Transport Rennes; Claimant: Stef International Ouest; Defendant: D & M Fraser (A Firm)
Jurisdiction
England and Wales
Judgment Date
23 October 2018
Procedural Posture
Commercial Claim / Judgment After Trial
Outcome
Defendant liable for 50% of proved damage to five pallets; not liable for remainder.
Legal Topics
CMR Convention Liability, Damage to Goods in Transit, Carrier's Liability, Relief From Liability, Burden of Proof, Stowage Risks
International Carriage of Goods Contract Law CMR Convention Liability Damage to Goods in Transit Carrier's Liability Relief From Liability Burden of Proof Stowage Risks

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Stef Transport Rennes

Claimant

Stef International Ouest

Claimant

D & M Fraser (A Firm)

Defendant

Procedural Posture

Commercial Claim / Judgment After Trial

Legal Issues

  1. 1 Was there damage to the goods in transit?
  2. 2 Is the defendant liable for the damage under the CMR Convention?
  3. 3 Extent of damage and compensation due

Ratio Decidendi

Damage to five pallets of cheese occurred during carriage, caused equally by improper stowage by sender and use of Start/Stop mode by carrier; defendant liable for half the damage proved, not for remainder.

Court Disposition

Defendant liable for 50% of proved damage to five pallets; not liable for remainder.

Orders

  • Hearing adjourned for parties to agree terms of order.