UNIVEG DIRECT FRUIT MARKETING DFM GMBH AND OTHERS V MSC MEDITERRANEAN SHIPPING CO SA (THE "MSC STELLA")

[2013] EWHC 2962 (Comm), Queen's Bench Division, Commercial Court, Mr Robin Knowles QC, sitting as a Deputy High Court Judge, 4 October 2013

Carriage by sea - Carrier's liability - Delay - Evaluation of evidence of properties of cargo

On 1 July 2010 a cargo of clementines arrived at Rotterdam from Cape Town in refrigerated containers on board MSC Stella, instead of as originally intended on board MSC Lesotho, which had arrived five days earlier than MSC Stella. The shippers and consignees claimed against the defendant carriers, arguing that the cargo was delayed, that the carriers were responsible for the delay, and that the delayed arrival caused deterioration in the condition and therefore the value of the cargo. The delay had arisen from strikes at South African ports.