Exportadora Valle De Colina SA v AP Moller-Maersk A/S [2010] EWHC 3224 (Comm)

Carrier’s liability - Burden of proof

Background

Shipments of grapes had been damaged en route from Chile to various ports in Northern Europe. The shippers (collectively referred to as ‘Santa Elena’) claiming for the loss were growers and exporters of table grapes. The defendant ship owners and operators (‘Maersk’), argued that any loss or damage to the grapes was caused by one or more of the matters which amount to exclusions under clause 6.1(a) of the contract of carriage, specifically (iii) insufficient or defective packing; (iv) bad stowage and (v) inherent vice (although the latter case was abandoned). The stage of the voyage at which the damage occurred was unknown, so that clause 6 ‘Carrier’s responsibility - multimodal transport’ of the carrier’s standard bill of lading applied. Clause 6.1(b) provided as follows: