AMS Ameropa Marketing Sales AG & Anor v Ocean Unity Navigation Inc
[2023] EWHC 3264 (Comm)
AMS Ameropa Marketing and Sales AG v Ocean Unity Navigation INC
1 November 2024
[2024] EWCA Civ 1312
Court of Appeal
A ship damaged some soybeans. The buyer sued the ship owner for the damage. The buyer had already gotten some money back from the seller of the soybeans. The court said the buyer didn't have to give that money back to the ship owner because the money from the seller was unrelated to the ship damaging the soybeans.
Key Facts
- •Ameropa (Switzerland) bought soybeans FOB from Zen-Noh, chartered transport to Egypt via Pacific Basin.
- •Ameropa sold soybeans CIF to Oilex (Egypt).
- •Soybeans were loaded onto 'DORIC VALOUR' (owned by Ocean Unity).
- •Cargo damage occurred during the voyage.
- •Oilex paid Ameropa in full, then received damaged goods.
- •Ameropa arranged salvage sale of damaged cargo on Oilex's behalf, and later credited Oilex.
- •Ameropa, as Oilex's assignee, sued the shipowner for damages.
- •The shipowner argued Ameropa should credit the payment received from the sale of damaged goods.
Legal Principles
Avoided loss is generally not recoverable as damages, except for collateral payments (res inter alios acta). Collateral benefits are those whose receipt arose independently of the circumstances giving rise to the loss.
Swynson Ltd v Lowick Rose LLP [2017] UKSC 32, [2018] AC 313
In shipping law, a bill of lading holder can recover damages based on the difference between sound arrived value and actual value, without crediting payments from sale contracts.
R & W Paul v National Steamship Co (1937) 59 Ll LR 28, The Sanix Ace [1987] 1 Lloyd’s Rep 465, The Baltic Strait [2018] EWHC 629 (Comm)
Outcomes
Appeal dismissed.
The payment from Ameropa to Oilex was considered collateral, arising from their sale contract and not the shipowner's breach. The claim was based on the conventional difference between sound arrived value and actual value, not the specific salvage sale. Existing case law supports the principle that payments under sale contracts are not to be credited against claims against the shipowner for cargo damage.