PROJECTS
Defending a client in a dispute with a carrier regarding the loss of cargo due to hostilities
The carrier sent another batch of food products of our client TM "Doctor Benner" from its warehouse to the distribution center of a large retail chain. After the start of hostilities, the carrier changed the delivery route and took the goods to its own base instead of the warehouse of the trade network. While the car was parked, part of the client's cargo was stolen. After long negotiations, we managed to agree on the return of the remaining goods to our client.
After unloading the car, a shortage of 20% from the first batch of goods was recorded. We organized a documentary recording of the fact of the lack of goods and filed a lawsuit against the carrier for compensation of damages. The carrier filed a counterclaim for recovery of the cost of transportation of the goods in both directions. The carrier also insisted that the loss of the goods occurred due to force majeure.
In court, our lawyers were able to prove the fact of the carrier's illegal actions regarding the change of route and documented the amount of damage caused, which consisted in the loss of cargo. According to the results of the case review, the court satisfied our claim and charged the cost of the lost cargo from the carrier.
The court also rejected the carrier's claim for the recovery of costs for the transportation of the goods, because we proved that the carrier did not complete the transportation to the warehouse, and the return transportation of the remains was performed by the carrier in order to minimize the losses of our client in order to prevent further loss of the goods.
You can read the court decision at the following link: https://reyestr.court.gov.ua/Review/110228967
