Anonima Petroli Italiana SpA v. Marlucidez Armadora (The Filiatra Legacy) - Q.B.D. (Com.Ct.) (Leggatt J.) - 9 November 1989

Short delivery of crude oil - Burden of proof

This case was concerned with an alleged short delivery of crude oil. The plaintiffs were the owners of an oil refinery. Their claim was founded on the assertion that the vessel retained the missing oil on board after the apparent completion of discharge. Though the quantity of the missing oil was considerable (4,502 tonnes) and the investigation of the claim had been extensive on both sides, there was no direct evidence either that the missing oil had been retained on board and subsequently disposed of, or that it had been lost in one or more lots in the refinery.