Abu Dhabi judgment on damaged to shipped goods

Analysis

This article gives an overview of a recent lawsuit that was brought by an insurer (“Plaintiff”) against a vessel (“First Defendant”), the owners of the vessel (the “Second and the Third Defendants”) and the shipping agent (“the Fourth Defendant”) as carriers.

The Plaintiff insured a cargo of pipes, which were shipped by the First Defendant. However, 238 pipes of the cargo were damaged when they arrived at their destination. The judgment of Abu Dhabi Court of First Instance was issued in favour of the Plaintiff and against the Third Defendant only, but it was then reversed by Abu Dhabi Court of Appeal in December 2014. Al Tamimi & Company represented the Appellant (the Third Defendant) in the successful appeal.

Background:

On 26 September 2013 the Plaintiff brought an action against the Defendants seeking damages in the sum of USD 191,330 for the damaged pipes, AED 31,484 for the costs and fees of loss adjusters and 12% as legal interest from the date of the claim until the full payment is made.

The Nature of the Claim: