GEOFIZIKA DD v MMB INTERNATIONAL LTD GREENSHIELDS COWIE & CO LTD (THIRD PARTY) (THE "GREEN ISLAND")

[2010] Lloyd's Rep Plus 40

COURT OF APPEAL

Before Lord Neuberger of Abbotsbury MR, Sir Nicholas Wall, President and Lord Justice Thomas

Sale of goods (CIP) - Incoterms 2000 - Seller contracting with freight forwarder to arrange sea carriage from England to Libya "on usual terms" - Goods shipped on deck and lost at sea - Bill of lading giving liberty to carrier to ship on deck - Whether prior antecedent agreement precluding on-deck shipment without notice to shipper - Whether seller in breach of obligation to contract "on usual terms" - Whether seller in breach of obligation to procure valid insurance - Whether freight forwarders negligent in giving under-deck warranty - Whether lack of valid insurance cover caused buyer's loss.