AMS Ameropa Marketing Sales AG & Anor v Ocean Unity Navigation Inc

AMS Ameropa Marketing Sales AG & Anor v Ocean Unity Navigation Inc

The First Claimant, as assignee of Oilex, had title to sue for damages under the bills of lading. The Owners’ breach caused physical damage to 70-80MT of cargo, with inevitable admixture. The Claimants’ actions in segregating and selling the Rejected Cargo by salvage sale were reasonable mitigation steps. The quantum of damages is the difference between the sound CIF value and the salvage sale price. Ancillary costs were not proven to have been incurred by Oilex and are not recoverable.

Parties
Claimant: AMS Ameropa Marketing Sales AG; Claimant: Baloise Belgium S.A.; Defendant: Ocean Unity Navigation Inc
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Claim (cargo Damage) / Trial Judgment
Outcome
Claim allowed in part
Legal Topics
Title to Sue Under Bills of Lading, Mitigation of Loss, Causation of Loss, Assessment of Damages, Assignment of Rights
Carriage of Goods by Sea Insurance Law Contract Law Title to Sue Under Bills of Lading Mitigation of Loss Causation of Loss Assessment of Damages Assignment of Rights

Case Brief

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Parties

AMS Ameropa Marketing Sales AG

Claimant

Baloise Belgium S.A.

Claimant

Ocean Unity Navigation Inc

Defendant

Procedural Posture

Commercial Claim (cargo Damage) / Trial Judgment

Legal Issues

  1. 1 Whether the First Claimant had title to sue for damages as assignee of Oilex
  2. 2 Whether the losses claimed were caused by the Owners’ breach
  3. 3 What was the extent of physical damage to the Cargo caused by the Owners’ breach

Ratio Decidendi

The First Claimant, as assignee of Oilex, had title to sue for damages under the bills of lading. The Owners’ breach caused physical damage to 70-80MT of cargo, with inevitable admixture. The Claimants’ actions in segregating and selling the Rejected Cargo by salvage sale were reasonable mitigation steps. The quantum of damages is the difference between the sound CIF value and the salvage sale price. Ancillary costs were not proven to have been incurred by Oilex and are not recoverable.

Court Disposition

Claim allowed in part

Orders

  • Judgment for the First Claimant for USD 293,755.10 as damages for loss of value of the Rejected Cargo
  • Claim for ancillary costs dismissed