A bank sought the court’s assistance in resolving a novel problem, namely its possession in its London branch of 14 safety deposit boxes which it appeared to have held for between 44 and 122 years and, in relation to which, the bank was unable to trace, or communicate with, the owners or their successors in
Bailment
Burden of proof in actions against ship owner for loss of cargo and the principles of bailment (UK)
By Patrick Bracher (ZA) on
England’s highest court finally, after over four centuries of reported decisions on the issue, definitively held that the burden of proof lies on the carrier where cargo owners sue a ship owner for loss or damage to cargo.
If the carrier could and should have taken precautions which would have prevented some inherent characteristic of…