Articles newsletter Forwarderlaw

Articles newsletter Forwarderlaw

Arnold van Steenderen
Charlotte van Steenderen
02 September 2020

In the most recent Forwarderlaw newsletter of August 2020 noteworthy articles from our firm's Arnold van Steenderen and Charlotte van Steenderen have been published.  

Appeal judgment in CMR: burden of proof (Art 29), breakthrough limit (Art 23)

After cargo went missing during road carriage, the claimant alleged the equivalent of willful misconduct against the carrier in an effort to break the damage limitation provision of the CMR. The evidence that could establish this claim was naturally in the hands of the defendant. What obligations do  they have to produce and disclose this evidence? Charlotte van Steenderen provides her case study here: http://forwarderlaw.com/2020/08/02/appeal-judgment-in-cmr-burden-of-proof-art-29-breakthrough-limit-art-23/

Broken seal, suspicion of tampering – “damage” under CMR Art 17?

In another case involving road carriage, the Court of Amsterdam recently considered whether a broken seal and suspicion of tampering - without actual evidence of tampering - could constitute "damage" under the provisions of the CMR. Arnold van Steenderen analyzes the decision here