Globalink Transportation and Logistics Worldwide LLP v DHL Project & Chartering Ltd

Globalink Transportation and Logistics Worldwide LLP v DHL Project & Chartering Ltd

The no set-off rule against freight does not extend to freight forwarding contracts; DHL's counterclaim is sufficiently connected and has a real prospect of success, so summary judgment is refused except for sums proven to be freight under carriage contracts, for which a conditional order is made.

Parties
Claimant: Globalink Transportation and Logistics Worldwide LLP; Defendant: DHL Project & Chartering Limited
Jurisdiction
England and Wales
Judgment Date
19 February 2019
Procedural Posture
Commercial Dispute / Summary Judgment Application
Outcome
Summary judgment refused except for conditional order on proven freight sums.
Legal Topics
Freight Forwarding, Set Off, Force Majeure, Limitation of Liability, Summary Judgment
Contract Law Commercial Law Freight Forwarding Set Off Force Majeure Limitation of Liability Summary Judgment

Case Brief

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Parties

Globalink Transportation and Logistics Worldwide LLP

Claimant

DHL Project & Chartering Limited

Defendant

Procedural Posture

Commercial Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether DHL's counterclaim has a real prospect of success
  2. 2 Whether DHL's counterclaim can operate as a defence by way of set-off
  3. 3 Whether the no set-off rule against freight applies to freight forwarding contracts

Ratio Decidendi

The no set-off rule against freight does not extend to freight forwarding contracts; DHL's counterclaim is sufficiently connected and has a real prospect of success, so summary judgment is refused except for sums proven to be freight under carriage contracts, for which a conditional order is made.

Court Disposition

Summary judgment refused except for conditional order on proven freight sums.

Orders

  • Globalink required to pay $113,000 into court as a condition to defend that sum; balance of claim proceeds to trial.