Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co. Ltd., Court of Appeal - Commercial Court, December 18, 2003, [2003] EWHC 3158 (Comm),[2004] 1 Lloyd's Rep 206,[2004] 1 LLR 206

Reporting Judge: [2003] EWHC 3158 (Comm),[2004] 1 Lloyd's Rep 206,[2004] 1 LLR 206

President: Through Transport Mutual Insurance Association (Eurasia) Ltd v New India Assurance Co. Ltd.

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Extract

Case No: 2003 Folio 442

Neutral Citation Number [2003] EWHC 3158 (Comm)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

COMMERCIAL COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 18th December 2003

Before :

THE HONOURABLE MR. JUSTICE MOORE-BICK

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Between :

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Mr. Ricky Diwan (instructed by Richards Butler) for the claimant

Mr. Christopher Smith (instructed by Holmes Hardingham Walser Johnston Winter) for the defendant

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Mr. Justice Moore-Bick :

1. In October 1999 an Indian merchant, Saluja Fabrics, shipped on board the vessel Hari Bhum at Calcutta a container said to contain various types of garments for carriage to Moscow. The container was shipped under a through transport bill of lading issued by Borneo Maritime Ltd which provided for the goods to be carried by sea to Kotka, Finland and thence by road to Moscow. The goods were insured against loss or damage in transit by the defendant, New India Assurance Company Limited (``New India'').

2. The container arrived at Kotka on 30th November 1999. On 16th December Borneo Maritime Oy, an associated company of the carrier incorporated in Finland, issued a CMR waybill for the carriage of the container by road from Kotka to Moscow. Unfortunately, the container did not reach Moscow, having been lost in circumstances which are still in dispute somewhere in the course of its journey through Russia.

3. The claimant, Through Transport Mutual Insurance Association (Eurasia) Ltd (``the Club''), is a mutual insurance association which provides insurance to its members in respect of various kinds of losses and liabilities incurred in connection with the carriage of goods. Borneo Maritime Ltd was a member of the Club for the year beginning 1st September 1999; Borneo Maritime Oy was insured as an associated company of Borneo ...

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