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Carrier Will Be Liable for Damages To Goods If Delivery Was At the Port's Warehouse and Not To the Consignee

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In an action brought against the carrier by a local insurance company claiming under a right of subrogation, the Dubai Court of Cassation held that the discharge of goods at the port's warehouse does not amount to delivery of the goods to the consignee. Delivery means actual delivery of the goods into the hands of or to the possession of the consignee. It further held that the consignee need not give notice to the carrier advising them of the damage or shortlanding of the goods unless he had taken actual delivery of the goods into his possession. The "relevant date" under Article 281 of the UAE Commercial Maritime Code is not the date of arrival of the vessel or that of the discharge of the goods, but the date on which the goods were actually delivered to the consignee.


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