Geofizika DD V MMB v International Ltd [2010] EWCA Civ 459

Johanna Hjalmarsson

Carriage of goods - deck carriage - seller’s obligations to organise carriage and insurance - freight forwarder’s obligations

The facts

The defendant buyer, G, had bought three ambulances on CIP Tripoli terms (Incoterms 2000) from the claimant sellers, MMB. The seller agreed with GC, a freight forwarder and here the Part 20 defendant, to organise carriage to Tripoli and insurance. That agreement was on BIFA terms and the buyers had requested that the cargo should be shipped ro-ro. GC arranged for carriage with a carrier, B which operated a ro-ro service from Harwich to Tripoli. B sent a booking confirmation which stated notably the following: ‘ALL VEHICLES WILL BE SHIPPED WITH “ON DECK OPTION” this will be remarked on your original bills of lading’, and which requested freight forwarders to check that the bills of lading were in accordance with instructions.