Claming reduction or return of a bank guarantee

In October 2016 our firm was involved in summary proceedings in which the return and reduction of a bank guarantee was claimed. The facts of these proceedings were as follows. In 2007 Belgian buyers ordered an inland barge with a Belgian shipyard. When the building of the hull was ready it was noted by the buyers that the hull showed several deficiencies. The buyers therefore refused to take delivery of the hull. This eventually resulted in proceedings between the buyers and the shipyard in Belgium.


Dutch Supreme Court: Difference in liability co-possessor of animal and co-owner of building

In its decision of 29 January 2016 de Dutch Supreme Court answered much discussed question in the literature whether the Supreme Court ruling in the so called “Hammock judgement” regarding liability of a co-possessor of a (defective) structure or building, also applies for the liability of a co-possessor of an animal.


Enter at your own risk

Anyone who visits the port every now and then will know them. Signs next to a gateway or along a quay pointing out 'entering this site is at your own risk' or, ‘the terminal is not liable for damage and / or injury ". It is obvious that such signs at least encourage vigilance. However, when for example during loading or unloading at a terminal a vessel or truck sustains damage the question rises whether the terminal by posting such signs can exclude its liability for such damage.