Clear all

Refine your search

67 results found

Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark | 8 Sep 2021

Time limitation for claims under NSAB 2015 conditions and gross negligence

In a recent case, the court established that an assignment relating to the performance of security checks, which must be carried out in accordance with public law rules, can be undertaken as a commercial service and as such must be delivered pursuant to the General Conditions of the Nordic Association of Freight Forwarders.
Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark | 1 Sep 2021

Time limitation for recourse claim against sea carrier is not generally limited to two years from cargo delivery date

In a recent judgment a decision that a recourse claim made by a sea carrier against a Danish shipping line had become time barred was set aside. The court decided that the limitation period will begin to run only from the time when the carrier itself seeking recourse has paid compensation or where a lawsuit that is the basis for the claim has been filed against the carrier.
Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark | 25 Aug 2021

Road carrier liable for temperature damage to cargo despite no instructions on transport temperature

The Copenhagen Maritime and Commercial Court recently considered a case concerning liability for damages caused by a cargo of frozen fish being transported at the wrong temperature. The Court referred to Danish case law, which holds that instructions given to a driver in connection with loading a booked cargo – after the transport agreement has been entered into – generally cannot impose......
Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark | 5 May 2021

Is an FOB seller which receives a bill of lading bound by its jurisdiction clause?

The Maritime and Commercial Court recently considered whether a freight on board seller which had received a bill of lading as a receipt for delivery of cargo was bound by said bill of lading's jurisdiction clause. This decision addresses the question of whether a consignor which is not a party to a transport contract but merely delivers cargo to the ship that will perform the voyage may be......
Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark, European Union | 28 Apr 2021

EU Brussels I Regulation on lis pendens applies to proceedings brought under CMR

The Maritime and Commercial Court recently held that Danish proceedings could not proceed as earlier Dutch proceedings concerned the same issue of liability, which meant that there was a risk of conflicting judgments if the cases were heard separately. The decision underlines the importance of being aware of the relevance of legal steps taken with respect to matters concerning the Convention......
Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark | 27 Jan 2021

Court rules that parking of goods trailer on lit roadside constitutes gross negligence

The Maritime and Commercial Court recently determined whether a Danish carrier was liable for the theft of €172,000 worth of toys which had been stolen from a subcarrier's trailer while it was parked at night. In its decision, the court considered whether the parking spot complied with the safety arrangements set out in the transport agreement.
Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark | 20 Jan 2021

Court finds that charter agreement was binding despite failure to perform conditional test of vessel

The Maritime and Commercial Court recently ruled that a charter agreement was binding on a charter even though a conditional test of the vessel was not performed. This decision shows that a party which wishes to enter into a conditional chartering agreement must formulate the condition clearly and, in negotiations on the conclusion of the agreement, maintain the reservation in question.
Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark | 23 Dec 2020

Time limitation for recourse claim against sea carrier cannot be more than two years from cargo delivery date

The Maritime and Commercial Court recently held that there is no basis for an interpretation that the time limit for a recourse claim can be extended beyond the total time limit of two years. Thus, the time limit for a recourse claim between sea carriers for damage to cargo which falls under the Merchant Shipping Act is, as a general rule, a maximum of two years from the date on which the......
Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark | 7 Oct 2020

Claim for unlawful arrest could not be heard before court at creditor's domicile

The Danish Maritime and Commercial Court recently rejected a jurisdictional claim in a dispute between a Danish shipowner and a Spanish shipyard. It follows from the judgment that a jurisdiction clause in a repair contract in some instances requires that the party which receives the other party's general terms and conditions must accept the jurisdiction clause in writing in order for it to be......
Commentary
Ask Lexy

WSCO Advokatpartnerselskab | Denmark | 30 Sep 2020

Court decides whether CMR carrier was grossly negligent for theft of branded champagne during carriage

The Maritime and Commercial Court recently examined a compensation claim for stolen champagne. The customer argued that the carrier should have taken precautions to protect the goods against theft. However, the court decided that the carrier could limit its liability for the theft. The judgment is in line with Danish court practice concerning liability for the theft of high-value and exposed......
Previous page 1 2 3 ...