GEOFIZIKA DD v MMB INTERNATIONAL LTD GREENSHIELDS COWIE & CO LTD (THIRD PARTY)

[2010] 1 Lloyd's Rep. 458

QUEEN’S BENCH DIVISION (LONDON MERCANTILE COURT)

Before His Honour Judge Mackie QC, sitting as a Judge of the High Court

Sale of goods (CIP) — Incoterms 2000 — Seller contracting with freight forwarder to arrange sea carriage from England to Libya — Freight forwarder arranging carriage on “RORO” basis and arranging insurance cover containing warranty that goods shipped below deck — Goods lost at sea after being carried on deck — Whether seller in breach of obligation to contract “on usual terms” — Whether “RORO” necessarily imports below deck carriage — Whether freight forwarder negligent — Damages — Whether buyer entitled to recover additional hire costs incurred by reason of impecuniosity.