The Hague Rules and the burden of proof: Volcafe v CSADV

Abstract

Every student knows that carriage of goods by sea involves a bailment of the goods, but until now, rarely has the bailment appeared to be of much significance. True it is that if the contract goes, for example after an unjustified deviation, the carrier's protection has often been assumed to be no better than that of a bailee for reward. A bailment relationship may also remain after the contractual regime has expired, for example after the goods have been discharged from the ship. For most purposes, however, the underlying relationship has been so heavily modified by carriage contract terms, that it can be ignored.

Now the Supreme Court in Volcafe has restored bailment to a central position in carriage of goods by sea. Of course the carriage contract falls to be interpreted by reference to the bailment that would exist in its absence. Volcafe makes clear that even in the modern era, governed by the Hague and Hague-Visby Rules, bailment continues crucially to determine the burden of proof, in cargo claims.

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