Stean Shaw LLP
Stean Shaw LLP
 

Recoveries of USD 100,000
to USD 1,000,000


The following are examples of cases that have recently been handled by Stean Shaw LLP where recoveries of between USD 100,000 and USD 1,000,000 were obtained for the client.
  • We were instructed to act on behalf of the United States insurers of a containerised consignment of human blood plasma that sustained problems during carriage by sea from the United States to the U.K. This consignment has very strict controls and cannot be used if exposed to temperatures above a certain level for a certain period of time. Due to the problems during carriage, the consignment had gone outside of these strict regulatory requirements and could not be used. We ensured that cargo’s surveyor liaised as closely as possible with the surveyor attending on behalf of the carrier in order to try to minimise potential dispute on quantum and mitigation of loss. Security was not considered necessary, as the claim was against a major carrier with extensive assets. After the claim was mitigated and quantified, which took a considerable period of time, we continued negotiations with the vessels P&I insurers. A fundamental issue was that of limitation of liability and it was determined that opponents would be able to limit their liability to approximately USD 700,000. Following extensive approaches to opponents and a meeting of representatives with them, settlement was agreed at USD 687,500.

  • We were instructed to act on behalf of the German insurers of a consignment of bulk fertiliser that sustained losses and damages during shipment from Russia to Belgium. The cargo was wetted as a result of sea water ingress into the holds of the vessel during transit. The vessel was arrested for security at the time of discharge in Belgium and security obtained in the form of a P&I Club Letter of Undertaking. We ensured that cargo’s surveyor liaised as closely as possible with the surveyor attending on behalf of the carrier in order to try to minimise potential dispute on quantum and mitigation of loss. After the claim was mitigated and quantified, we continued negotiations with the vessels P&I insurers. We were able to obtain a recovery of USD 280,000 for the client.

  • We were instructed to act on behalf of the German insurers of a consignment of bulk fertilizer that sustained losses and damages during storage at a warehouse in the UK. This cargo sustained problems as a result of being contaminated with Petroleum Coke due to the collapse of a wall at the warehouse.  The incident led to claims against the owners of the warehouse and the operators of the warehouse. We ensured that cargo’s surveyor liased as closely as possible with the surveyors attending on behalf of the opponents in order to try to minimise potential dispute on quantum and mitigation of loss. After the claim was mitigated and quantified, we continued negotiations with the representatives of the owners of the warehouse and the operators of the warehouse. They blamed each other for the incident and also disputed quantum. However, following extensive approaches and discussions, settlement was agreed at USD 277,500.

  • We were instructed to act on behalf of the United States insurers of a number of consignments that were lost and damaged as a result of a fire in a warehouse in the Netherlands. This fire was caused by arson involving a number of young people and, initially, the recovery prospects were considered somewhat remote. However, the authorities caught a number of the people involved and additional enquiries revealed that some of these people had insurance that could cover them for third party losses. Negotiations were then implemented against these insurers and, following extensive exchanges, settlement was agreed at USD 325,775.

  • We were instructed to act on behalf of the captive insurers of the owners of a terminal in the UK that was damaged as a result of being contacted by a vessel. Security was obtained in the form of a P&I Club Letter of Undertaking. We ensured that the terminal’s surveyor liased as closely as possible with the vessel’s surveyor in order to try to minimise potential dispute on quantum and mitigation of loss. However, once the claim had been quantified, extensive arguments still remained with opponents with respect to quantum, particularly alleged improvement to the condition of the terminal after the repairs were performed. Following extensive exchanges, we were able to agree an amicable settlement at USD 160,000.

  • We were instructed to act on behalf of the captive insurers of the owners of a consignment of winches that suffered damages during shipment by sea from Norway to the Far East. The carrying vessel encountered adverse weather conditions just after leaving Norway and the winches sustained severe damages as a result of shifting on board. The vessel also sustained damages and GA was declared. The vessel was part of a substantial fleet and, therefore, security was not considered necessary. Opponents argued that the incident was attributable to the weather conditions. We argued that these weather conditions were not sufficient for the vessel to be able to succeed with a “heavy weather” defence and also that the cargo had been inadequately secured on board the vessel. Following extensive efforts, we were able to obtain a recovery of USD 125,000 for the clients and opponents also agreed to drop the GA claim.

  • We were instructed to act on behalf of the London office of the  Japanese insurers of a consignment of Dimethyl Formamide that sustained problems during carriage by sea from Japan to Antwerp. No problems were initially found when the cargo was delivered to the receivers’ storage tank in Antwerp. However, the cargo was found to be off-spec when delivered to customers from the receivers’ storage tank. The cargo was transhipped from the sea vessel to a barge at Rotterdam. Further investigations indicated that the source of the contamination was residues of a previous cargo that had remained in the barge due to insufficient cleaning. We negotiated with the insurers of the barge and, following extensive exchanges, were able to agree an amicable settlement at USD 155,000.

  • We were instructed to act on behalf of the London insurers of a container of Nickel ingots and a container of Cobalt Ingots that were stolen during shipment from Brazil to Europe. These ingots were found to have been replaced by sand when these containers arrived at destination. Investigations indicated that the thefts had occurred whilst the containers were being stored in the container yard in Brazil prior to being loaded on the carrying vessels. This fell within the scope of the carriers responsibility for the goods under the applicable Bills of Lading. These Bills of Lading provided for claims to be subject to English law and jurisdiction. Under English law and jurisdiction, the carrier would be able to limit their liability to only USD 32,175. Enquiries revealed that it would also be possible for us to pursue the claim against the carriers in either Chile or Brazil. In Chile the carrier would be able to rely upon a limitation of liability of USD 220,000. In Brazil, the position was very uncertain with the possibility of either no limit or a limit of only USD 32,175 being applied. Opponents commenced legal proceedings in England to try to enforce the limit of USD 32,175. However, the threat of legal proceedings in either Chile or Brazil and the threat of an arrest of a ship in Brazil were used in negotiations with opponents. Following extensive discussions, it was possible to agree an amicable settlement with the carriers at USD 220,000.
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