ARGOS PEREIRA ESPAÑA SL AND ANOTHER v ATHENIAN MARINE LTD (THE “FRIO DOLPHIN”)

[2021] Lloyd's Rep. Plus 83

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Sir Michael Burton, Sitting as a Judge of the High Court

Carriage of goods by sea – Cargo of frozen fish found defective on arrival – Contract of carriage containing London arbitration clause – Subrogated cargo insurers bringing foreign court proceedings against third party – Third party sustaining irrecoverable costs – Whether cargo insurers liable in principle to pay equitable compensation to the carrier in respect of third party’s loss – Whether carrier entitled to compensation pursuant to “transferred loss” principle.