Conquering Complex Logistics Obstacles with the CMR Convention

Conquering Complex Logistics Obstacles with the CMR Convention

Introduction 🚚

In this case study we uncover the intricacies of an unexpected obstacle that required strategic thinking, effective communication, and a deep understanding of the CMR Convention. Get ready to witness the resilience and problem-solving prowess of our client as they navigate the trenches of this logistics challenge. Let’s dive in!

Client Profile 🏢

In this week’s case study, we delve into the challenges faced by a well-established transport company with a strong presence in Europe. With a wide network of clients and a reputation for handling complex logistics operations, this client finds themselves embroiled in a gripping tale that tests their problem-solving skills and understanding of the CMR Convention.

The Challenge 🌊 

One fateful day, a truck loaded with pallets arrives at its designated destination, only to encounter a daunting obstacle. The pallets, unfortunately, were poorly arranged and presented significant challenges for unloading at the warehouse. The unloading facility refuses to accept delivery, demanding that the pallets be rearranged before accepting the goods. With time slipping away and alternatives running thin, the client must grapple with finding a solution while adhering to the regulations outlined in the CMR Convention.

Claims Trans Intervention 💪

Recognizing the complexity of the situation and the need for expert guidance, the client reaches out to Claims Trans for assistance. Our team of seasoned cargo claims experts diligently assesses the circumstances, examining the details of the case against the provisions of the CMR Convention. Armed with their expertise, they become the client’s trusted legal partner, ready to navigate the trenches of this logistics challenge.

Our Strategy ⚖️ 

With the CMR Convention as their guiding principle, Claims Trans formulates a strategic approach tailored to the unique circumstances at hand. Article 15 of the Convention serves as a beacon, directing the next steps towards seeking instructions from the sender. Collaborating closely with all parties involved, our team communicates and negotiates to find a balanced and fair resolution while ensuring adherence to the legal framework.

Impact & Lessons Learned 🎉 

Through extensive dialogue and careful deliberation, a consensus emerges among the involved parties. Ultimately, the decision is made to return the truck to Spain, where the pallets can be properly rearranged. This solution aligns with the provisions of the CMR Convention while demonstrating the practical application of legal principles in real-world logistics challenges. The experience underscores the significance of clear communication, adaptability, and the expertise of claims handling professionals in overcoming obstacles and achieving successful outcomes.

Conclusion 🔍 

This case study serves as a testament to the complexity of logistics operations and the crucial role of incorporating the CMR Convention into strategic decision-making. By embracing the legal lifelines provided by the CMR Convention and partnering with trusted experts like Claims Trans, logistics companies can navigate even the most challenging circumstances with confidence and resilience.

Overcoming unjustified claims: a recipe for a positive outcome

Overcoming unjustified claims: a recipe for a positive outcome

International transport is fraught with both opportunities and many challenges. Transport companies are increasingly faced with a growing number of cases and disputes that arise in the course of their work. In some cases, these disagreements reach court, where qualified expertise is crucial to achieving a positive outcome. In this article we focus on the importance of professional work in resolving disputes in the world of international transport.

 

The Facts

Our client, a carrier, was commissioned to transport goods from Bulgaria to France. At the unloading address it was found that the goods were damaged. This was also established by the entry of an appropriate remark in the CMR consignment note.

The challenges

The owner of the goods brought a claim in relation to the damaged goods directly before the court. This is generally unusual as claims for damage or shortages are brought out of court under the CMR Convention.

Our client received by post a notice from the French court before which the case was brought, of the scheduled hearing, and information about the claim. With surprise and a degree of concern, a representative of the transport company contacted us asking for assistance.

In a case such as this, great care must be taken, bearing in mind the jurisdiction of the court before which the case is pending and that the specifics of the applicable law must be taken into account.

Professional care and assistance

As experts in the field of transport law, we at Claims Trans have an extensive network of contacts of lawyers abroad with whom we work on a daily basis on various cases.

Without wasting time, we contacted our partner in France. The latter, after becoming acquainted with the case, immediately took the necessary steps to ensure that our client was properly represented in court in France.

Together with the lawyer, we discussed the main lines of defence open to us.

The claimant’s (the owner of the goods) claim was extremely high, including the cost of repairing the damaged goods, transport costs, operational loss, and legal costs.

The operating loss claimed by the plaintiff was a huge sum, which was not proven either in reason or in amount.

After a thorough discussion of the facts and the applicable law with the French lawyer, we concluded together that our client was only liable for the damage to the goods, but up to the limit of liability provided for in the CMR Convention.

As a next step, we considered that it would be best if an out-of-court settlement could be reached with the other party in order to bring the case to a swift and fair conclusion.

Our partner initiated serious negotiations with the opposing party and its legal representative, ultimately succeeding in its efforts, and the claimant agreed to be compensated up to the carrier’s limit of liability and to have the case dismissed and accordingly closed.

In the meantime, open court hearings were held and it took almost a year to reach a settlement, have it approved by the court and accordingly terminate the proceedings. Otherwise, if no agreement had been reached, perhaps the trial would have continued for another year.

Conclusions

In the end, thanks to our efforts and the professionalism of our partner, the value of the claim was reduced from nearly 90,000 EUR to 13,000 EUR. With the out-of-court settlement, the case was closed relatively quickly and entirely in the interest of our client. Justice prevailed once again and we were able to fight off the unjustified claim of the owner of the goods, which, had it been upheld by the court, could have proved disastrous for our client’s business.

 

Success in the field of transportation case management requires not only careful management, but also professional care and assistance. At Claims Trans, we provide expert claims assistance on a daily basis. Our commitment to clients and our ability to offer quick and effective solutions play a crucial role in achieving positive results that, in turn, fully satisfy our clients.

Navigating Success in Marine Claims: A Comprehensive Guide by Claims Trans

Navigating Success in Marine Claims: A Comprehensive Guide by Claims Trans

Today, we are delighted to share an insightful maritime claims case from our portfolio. This story not only highlights our ability to solve complex maritime challenges but also serves as a guide for anyone navigating the complex world of maritime claims.

 

Situation 🌊

Our customer ordered 1039 cases of rum from Panama to Bulgaria. However, upon delivery, a worrying discrepancy appeared. A routine inspection at the Bulgarian port revealed losses and signs of tampering with security and customs seals. An independent investigation confirmed these findings, providing a strong basis for our client to bring a maritime claim against the carrier.

 

Challenge 🧩

Maritime claims are often complex and can be financially draining. Many businesses choose to bear losses rather than embark on this difficult journey. At Clams Trans, we firmly believe that pursuing a maritime claim is always  an option, regardless of the chances of success.

 

Rulebook 📜

Successful management of maritime claims depends on compliance with the Hague-Visby rules. These rules are similar to CMR claims, with one important exception. Claims for loss or damage to goods can only be made against the carrier if the loss or damage is not due to unforeseeable events such as fire, weather, natural disasters or war. war, beyond human control.

 

Resolution 🏁

In this case, the cause of loss does not fall within these exceptional circumstances. Our customer registered a complaint about the missing goods: 19 barrels of rum. We support our position with bills of lading, reports, commercial invoices, packing lists and photographic evidence of the  condition of the goods upon arrival in Bulgaria.

 

Spin and win 🎉

The carrier initially contested our claim, relying on  industry jurisdiction. However, undeterred, we persisted and they eventually made us a settlement offer that was not adverse. Given their significant presence in the shipping sector, it would be difficult to file a complaint in court. Our client, after careful consideration, accepted the settlement offer, recognizing that the damages were less than  actual damages but were a significant success, given the carrier’s global position. transfer.

 

In short 🌟

This case highlights the importance of perseverance in the complex world of maritime claims. Our client’s decision to challenge the  carrier, bolstered by regulatory compliance and compelling arguments, produced a  favorable outcome. This shows that the pursuit of justice, even in complicated situations, is worth it.

 

This victory shows that strong resolve and  arguments can defeat formidable opponents in maritime claims, reinforcing our belief that the pursuit of justice is always a viable and rewarding option.