Euro Cellular (Distribution) Plc v Danzas Ltd. (t/a Danzas AEI Intercontinental) & Anor

Euro Cellular (Distribution) Plc v Danzas Ltd. (t/a Danzas AEI Intercontinental) & Anor

On the balance of probabilities, the goods were lost by negligent release. The defendants failed to discharge the burden of proof to show the loss was due to a cause entitling them to limit liability. Therefore, they are liable for the full value of the goods lost.

Parties
Claimant: Euro Cellular (Distribution) PLC; Defendant: Danzas Limited t/a Danzas AEI Intercontinental; Defendant: Danzas AEI (UK) Limited t/a Danzas AEI Intercontinental
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Commercial / Judgment on Liability Alone
Outcome
Defendants liable for full value of goods lost, subject to claimants' title to the goods.
Legal Topics
Limitation of Liability, Negligent Release, Burden of Proof, Warehouse Loss, Freight Forwarding
Contract Bailment Commercial Law Limitation of Liability Negligent Release Burden of Proof Warehouse Loss Freight Forwarding

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Parties

Euro Cellular (Distribution) PLC

Claimant

Danzas Limited t/a Danzas AEI Intercontinental

Defendant

Danzas AEI (UK) Limited t/a Danzas AEI Intercontinental

Defendant

Procedural Posture

Commercial / Judgment on Liability Alone

Legal Issues

  1. 1 Whether the goods were lost by negligent release or theft
  2. 2 Whether the defendants' liability is limited to 2 SDRs per kilo or full value
  3. 3 On whom lies the burden of proof regarding the cause of loss

Ratio Decidendi

On the balance of probabilities, the goods were lost by negligent release. The defendants failed to discharge the burden of proof to show the loss was due to a cause entitling them to limit liability. Therefore, they are liable for the full value of the goods lost.

Court Disposition

Defendants liable for full value of goods lost, subject to claimants' title to the goods.

Orders

  • Defendants to pay full value for goods lost, subject to claimants' title.