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

[2010] 2 Lloyd's Rep. 1

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.