Fresh Produce Shipping : Damages and Compensation (Paperback)

Dedication; Acknowledgements; Foreword; Table of Cases; Definitions; Introduction; Chapter 1 - An Overview of the Claims Process ; The Loss; Air; Ocean; The Strategy to be adopted; Chapter 2 - An Overview of the Legal Framework for Air Cargo and Ocean Cargo Liability; Air; Ocean; Hamburg Rules; Chapter 3 ? Detailed Actions after Discovery of the Loss ; The Question of Abandonment ; Delivery Signatures on Collection and Receipt; Air Cargo; Ocean Cargo; Claim Notification & Invitation to Carrier to attend Survey; Air; Salvage and Mitigation; Survey & Investigation; Joint and Separate Surveys; Air; Ocean; Common Causes; Air; Temperature Abuse; Delay; Ocean; Temperature Abuse; Suffocation and CO2 Injury; Delay; Evidencing the container loading; Pre-Shipment Condition and Temperature; Shelf-life tests; The Relevance of Pre-Shipment Evidence; Trip Thermographs; Air; Ocean; Analysis of Transit History; Determination of Cause; Air; Ocean; Chapter 4 - Documentation Gathering; Booking Request and Carrier confirmation (Ocean only); Supplier Invoice; Packing List or Load List; Health Documents; Certificate of Origin, Movement Certificate EUR.1; Air Waybill; Air Cargo Consolidations and House Air Waybills; Ocean Bills of Lading and Sea Waybills; House Bills of Lading; Airline Release Note, Removal Authority, or Airline Delivery Order; Goods Inwards Records; 1^st Inspections/Quality Control Records and Photographs; The Surveyor’s Report; Chapter 5 ? The Legal Rules determining for What you can Claim; The Central Principle of Restitutio in Integrum; Attempts to derogate from this principle; Damages in Contract and Damages in Tort; Interest on Damages; Duty to Mitigate; Date for Assessment; Chapter 6 - Calculation of Constituent Claim Values; ASMV- Arrived-Sound Market Value; Proof of Arrived-Sound Market Value; The ‘Supermarket Market’; The ‘Wholesale Market’; Sales Price Lists; ADMV ? Arrived-Damaged Market Value; Cost-based quantum; Directly-Related Expenses; Survey Fee; Sorting/Repacking; Dumping Costs and Certification; Other Possible Costs; Chapter 7 - Claim Submission; Covering Letter; Presentation Standards & Well-ordered Attachments; Submission of Claims by email; Other methods of claim submission ? Air Cargo Claims; If by Post, obtain Recorded Delivery and why; Ask yourself?; Chapter 8 - Time Limits and Time Bar Protection; Time Limits; Air Cargo; Ocean Cargo; Time Bars; Air; Ocean Cargo; Chapter 9 - The Struggle For Settlement; Unreasonably-Delayed Responses & Refusal to Deal; The Burden and Onus of Proof; Delay not involving Physical Damage; Air Cargo; The Central Principle of a Carrier’s Liability under Applicable Law; Aspects of entitlement to claim and sue; Cessions of Rights; In relation to House Air Waybills; Objections to Quantum; The ‘Market’; Survey Fees; All other expenses; Defences ? and Countering them; Contributory Negligence; Pre-Shipment Causes; Harvest Records; Pack House Protocols; ‘Hot Stuffing’ - Ocean; ‘Hot Delivery’ ? Air; Mixed Maturity; Rots, and Diseases; Thermographs; Reefer container Inspection; Vent Closure and Suffocation/CO₂ injury; Failures during Transit; Inadequate packing; Inadequate stowage in an Ocean container; Post Shipment Objections; Attempts to reject claims on dis-entitlement; Air Cargo; The Grounds for a Claim; Force Majeure issues; Successive Carriage; US-Based Airlines and the ‘3-day rule’; Limitation of Liability; Enforcement of these Rules; Ocean Cargo; Attempts to reject claims on dis-entitlement; The Grounds for the Claim; Shipper’s Responsibility for container Settings; Inadequate Stowage; Carrier’s Datalogger ? if it can be obtained; Malfunctioning containers and ‘Due Diligence’; Measure of Damages; Limitation of Liability; Unreasonable Attitudes and Commercial ‘Strong-Arm’ Tactics; Field-Heat Argument; Improper Use of Authorities; ‘Strong-Arm Tactics’; Refusal to Produce Evidence; Being ‘Taken to the Wire’; Further Carrier Tactics after Issue of Proceedings; Dismissal of Evidence; Excessive Demands for Evidence; Mixed Maturity; Carrier’s Claims, Operational, and Marketing Personnel at Odds?; Chapter 10 - Reaching for Settlements; Without prejudice negotiations; Dispute Resolution; Ocean Carriers’ P&I Clubs; Jurisdiction; Air; Ocean; Solicitors and Litigation; Choice of Lawyers; Broad Outline of events during Litigation with Costs implications; Pre -Legal Action; Legal Action; Part 36 offers; Preparation for Trial; Trial; Costs Awards; Withdrawing at Any Stage; Annexes; Examples of claim notices; Air Claim Notice; Ocean Claim Notice; Non-Survey Claim Notice; Claim Submission covering letter or message; Air Claim; Ocean Claim; Excel Spreadsheet to show quantum; Cession of Rights wording; Air; Ocean; Schedules; Air; Montreal Convention; Warsaw/Hague; Warsaw [unamended]; IATA 600b Air Waybill; Conditions; Ocean; Hague; Hague/Visby; Hamburg