GEOFIZIKA DD v MMB INTERNATIONAL LTD GREENSHIELDS COWIE & CO LTD (THIRD PARTY)

[2010] Lloyd's Rep Plus 27

QUEEN’S BENCH DIVISION (LONDON MERCANTILE COURT)

Before Judge Mackie QC, sitting as a Judge of the High Court

Sale of goods (CIP) - Incoterms 2000 - Seller contracting with freight forwarder to arrange sea carriage from England to Libya - Freight forwarder arranging carriage on "RORO" basis and arranging insurance cover containing warranty that goods shipped below deck - Goods lost at sea after being carried on deck - Whether seller in breach of obligation to contract "on usual terms" - Whether "RORO" necessarily imports below deck carriage - Whether freight forwarder negligent - Damages - Whether buyer entitled to recover additional hire costs incurred by reason of impecuniosity.