Recent caselaw suggests that English courts will lean towards the selecting interpretations on limits of liability that favour a claimant. Unwelcome to the carrier community, so worth considering how best to describe goods on carriage documents.
There continue to be improvements in efficiency and simplification arising from the SOLAS VGM requirements. Aggregating some of these with initiatives in other aspects of the supply chain could deliver exponential advance in safety.
New international regulations implemented last July clearly defined what comprises 'gross mass' for transporting packed containers by sea and required one of two weighing processes to support documented communication between stakeholders.
In Australia, as a general rule, where there is a reasonable prospect of litigation occurring or investigations being undertaken by regulatory authorities, a business should take all necessary steps to ensure that it can meet its obligations to retain any relevant or potentially relevant documents which would be disclosable in these circumstances.
Whenever an incident occurs, it is right and reasonable for the individual or organisation concerned to consider properly the facts and evidence related to what has happened. It may not be that litigation is immediately contemplated, but that may well occur in many situations.
When something happens, it may seem reasonable to ensure that the facts are collated and evidence retained. In international trade, understanding the differing rules is important. Without seeking to provide legal advice, what follows is an overview of the approaches in a number of jurisdictions.