Lagos Group Ltd and Ors v Talgray Shipping Inc (The "MV Hamilton I") - QBD (Com Ct)(Andrew Smith J) - 11 January 2002

Cargo claim - Contamination of chemical cargo - Court's approach to burden of proof

This case concerned the contamination of two cargoes of chemicals, carbon tetracholoride ("CTC") and 2-hexanol ("2-EH"). The contamination was discovered shortly after the chemicals had started to be loaded on board the Hamilton I at Constanza on 7/8 March 1997. The claimants were the cargo interests and the defendants were the owners of the vessel. The issue was whether the claimants had shown that the chemicals were free of contamination when they were loaded on the vessel.