The April 9 Edition of ForwarderLaw E-News carried an interesting article by Steve W. Block, entitled "Misleading Monikers of the Middleman". Steve Block is an attorney with the US firm of Betts Patterson and Mines, P.S based in Seattle. Extracts from the article are set out below. (For those not familiar with the slang word "Monickers", it means 'name' or 'title').
With effect from 6 April 2007, significant changes have been made to the Civil Procedure Rules in England. As a result, it is no longer necessary for a Defendant party to litigation, who wishes to protect his position in regard to costs, to make a payment into court under Part 36 - the relevant Rule.
Readers may be interested in the following article on this well-advertised casualty. The article appeared in the March 2007 edition of BIFALink, the monthly magazine published by the British International Freight Association.
The International Maritime Organisation has set up a new sub-division within the UN secretariat's maritime safety division in response to enhanced focus on maritime security.
That the bill of lading is said to have been lost is no excuse for delivering the shipment without production of the original document. The reality is one can never be 100% sure what has happened to the original set of bill(s) of lading: are they indeed lost, or has someone just overlooked the business of paying the seller? If the carrier releases cargo without firm evidence of the consignee's right to take delivery, the carrier does so entirely at its peril.
AIison Cook of the Club's Sydney office helpfully draws readers' attention to a problem faced by the local transport operators relating to recovery of container detention charges:
Many Members and operators are constantly plagued by uncollected / unclaimed cargoes, which may bring about considerable bills on warehousing, container "demurrage" (i.e. late-return charges), and disposal costs. In the worse situations, it may get the transport operator involved in customs problems. Also on the overall account is the hidden time cost incurred in getting rid of the uncollected shipments.
A lien means the right to detain possession of somebody else's property as security for a debt. It is an aggressive but difficult tool. Transport operators must understand how to exercise a right of lien properly, or they may face claims for unlawful detention of the goods. The Club would like to offer the following advice.
