De Wolf Maritime Safety BV v Traffic-Tech International Inc (The “Cap Jackson”) – Federal Ct (St Louis J) 2017 FC 23 – 11 January 2017

Carriage of goods by sea – Limitation of liability – Deck cargo – Cargo carried on deck in breach of contract of carriage – Whether carrier entitled to limit liability for loss or damage to that cargo pursuant to article IV, rule 5(a) of Hague-Visby Rules

In December 2015 the plaintiff cargo owners brought proceedings against the defendant carrier claiming damages in respect of the loss overboard of the plaintiff’s cargo.