16/11/2022 9:30 AM

The logistics crisis and the CMR - an international comparison seminar

Due to the train strike this seminar has been moved from Wednesday 9 November to Wednesday 16 November.

Recent events have presented very substantial challenges to the logistics industry. The effects of COVID placed considerable pressure on the industry and following COVID, substantial increases in demand were compounded by shortages of drivers. Restrictions imposed by Brexit only added to this pressure. These events lead to delays and cancelled contracts together with the consequential losses which follow.

In this seminar our speakers, from across our European offices, will consider the:

  • Logistics crisis: the extent to which the CMR applies to Master Services Agreements and to which it governs the obligations and liabilities of the parties thereto. We shall also consider the degree to which logistics hauliers might be liable for failures to perform their obligations in the face of such challenges.
  • Recoverability of Duty under the CMR: Excise Duty forms a very substantial part of the value of some goods; Cigarettes and alcohol are good examples. Article 23 of the CMR prescribes the damages recoverable but, when it comes to the recoverability of excise duty, it has been interpreted very differently in the various contracting states. This issue is about to be reviewed again by the Supreme Court of England and Wales. In anticipation of that review, we shall consider the approach of the various jurisdictions to this significant element of the damages which might be recoverable.
  • Climate change and its impact on hauliers’ liability under the CMR: the summer of 2022 saw record temperatures which lead to equipment failures and spoilage of many temperature controlled goods. Increasing storm activity, temperature extremes and flooding risks are having serious impacts on the logistics industry. We shall consider the impact of such events on the liability of hauliers with particular focus on defences under Article 17.2 of the CMR. We shall be discussing the extent to which hauliers are expected to anticipate such events and take steps to protect the load against extremes of weather.
  • Wilful Misconduct – a review: the limits of liability under the CMR are becoming increasingly restrictive as they have not been reviewed for many years; 8.33 SDRs per kilo rarely reflects the value of modern day haulage consignments. That being the case, cargo owners and their subrogated insurers are increasingly interested in breaking limits of liability and Article 29 of the CMR offers an opportunity to do so. However, it is subject to very different interpretations throughout various contracting states. In this final section of the seminar we shall explore the differing approaches to Wilful Misconduct adopted by the various states concerned.

If you would like to register your interest in this seminar, please contact our events team.