Scheller had indeed been acting on behalf of Mr. Batchford in this action depended upon whether, on the evidence, the appropriate conclusion was that Mr. Essentially the liability, or not, of Mr. Rasmus Kjelgaard-Petersen, trading as Eco Euro Waste. Batchford in dealing with Cosco, but had been acting on his own behalf, and/or on behalf of himself and Mr. Scheller had not been acting on behalf of Mr. Batchford as his freight forwarding agent. Scheller had entered into all of the Contracts on behalf of Mr. Batchford had not dealt directly with Cosco, but it was contended that Mr. Batchford had entered into the relevant contracts ("the Contracts") of carriage in relation to the 79 containers ("the Containers") the subject of this action and that consequently he was liable to pay for costs of shipping and associated charges arising out of the non-collection by the consignees of the containers on arrival, as it was alleged, in Haiphong and other incidents of the attempts by Cosco to perform its obligations under the Contracts. It was common ground before me that the import of used vehicle tyres into Vietnam is contrary to the laws of the Socialist Republic of Vietnam.Ħ. However, there remained space unfilled when 32 bales were in place in such container, and the remaining space was filled with used vehicle tyres. There was, apparently, space in a 40 foot long high cube ("HC") container for 32 bales of tyres. Each container appears to have contained a quantity of used vehicle tyres, many, but not all, of which seem to have been incorporated in bales. In total some 79 containers were carried by Cosco from Felixstowe pursuant to 10 contracts of carriage. Batchford was, "The First Defendant (trading as County Contractors) operates a waste management business, which deals (inter alia) in the disposal of tyres."ĥ. At paragraph 3 of the Defence served on his behalf in this action what was said of Mr. Scheller seems to have recognised that, because he used what was properly a trading style, Kent International Freight Services, on some occasions, rather than the name of the Company.Ĥ. Scheller did ostensibly on behalf of the Company was, in law, attributable to him personally. However, the Company was dissolved on 20 July 2004, with the consequence that whatever Mr. He seems to have used, at least sometimes, for the purposes of that business, the name of a company, Kent International Freight Services UK Ltd.
Scheller operated at the time material to the claims made in this action as a freight forwarding agent.
COSCO TRACKING POINT TO POINT TRIAL
Scheller did not appear at the trial and was not represented at it.ģ. Gunter Scheller, by order of Master Leslie made on 26 February 2013 for breach of an "unless" order made on 13 February 2013. Judgment was entered against the second defendant, Mr. Robert Batchford, the first defendant, was liable to pay Cosco the sum claimed. The detailed circumstances surrounding the arrangements for the carriage of the various containers to Haiphong needed to be considered in order to establish whether, as was contended on behalf of Cosco, Mr. In this action Cosco sought to recover unpaid amounts of shipping charges in respect of the carriage of containers from various locations in England first to Felixstowe, in Suffolk, by road, and then, by sea, to Haiphong, Vietnam, together with various other charges, principally "demurrage" said to be due in respect of the failure of the consignees in Haiphong to collect the containers, alleged to have been incurred in connection with the various contracts of carriage governing the transport of the containers from Felixstowe to Haiphong. Cosco operates in the United Kingdom through a shipping agent, Coscon (UK) Ltd ("Coscon"). It is based in Shanghai and is one of the world's largest shipping companies. ("Cosco") is, as I understand it, a company incorporated in the People's Republic of China. The claimant in this action, Cosco Container Lines Co.