Manager of Customs Brokerage Firm held Personally Liable for Importer’s Damages

We all know that delivery of cargo without presentation of an original bill of lading can expose a forwarder to damages for freight and cargo charges. In this cautionary tale, a manager at a customs brokerage was held personally liable in tort for his decision to turn over cargo to an importer that became bankrupt without paying. Our Israel editors comment here:

http://www.forwarderlaw.com/library/view.php?article_id=805

Temporary Detention of ‘counterfeit’ or ‘pirated’ goods

The European Court of Justice (ECJ) handed down an important decision in December in a pair of claims brought by Nokia and Philips, respectively, against alleged importers of counterfeit goods. The appearing defendant argued that the goods were transiting, and not destined for the EU, and therefore could not be captured by the domestic regime. Our Netherlands editor Arnold van Steenderen comments here:

http://www.forwarderlaw.com/library/view.php?article_id=804

Mitigation of Damages – the Plaintiff’s Duty to the Wrongdoer

 It seems counterintuitive to some people that a plaintiff, having suffered by another’s breach of contract or negligence, should be saddled with legal responsibilities to their tortfeasor. But that’s exactly what happens, writes Steve Block in his recent Legal Outlook column:

http://www.forwarderlaw.com/library/view.php?article_id=803

London Maritime Arbitration – Part 2

 Choosing an Arbitrator and conducting the arbitrations: UK Editor Paul Bugden provides his extensive expert review on choosing, bringing, winning, and appealing maritime arbitrations in London.  For the second in a three-part series, click here:

http://www.forwarderlaw.com/library/view.php?article_id=806

 Development of Electronic Documents under Rotterdam

 The Rotterdam Rules, as they are now known, contain extensive provisions in respect of electronic documents. Questions have been raised about potential pitfalls in electronic documentation as well as the possible need to harmonize electronic documents internationally beyond our industry. UK Editor Paul Bugden comments here:

http://www.forwarderlaw.com/library/view.php?article_id=802

 General

 Previous e-news summaries and all past articles are available and searchable on-line at

www.forwarderlaw.com 

Thank-you for reading!

--
Gavin Magrath, Barrister
Magrath O'Connor*
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