From reservations on delivery to enforcement of judgment: we pursue (and defend) claims for damage, loss, theft and delay in the domestic and international carriage of goods by road.
Your cargo arrived damaged, short or not at all: within 24 hours we tell you who to claim against (contracting carrier, actual carrier, freight forwarder, insurers, etc.), which documents will decide the case (CMR consignment note, reservations, invoice, packing list) and whether the carrier will be able to shelter behind the liability limit or there is a route to recovering the full value.
You are facing a cargo claim: we defend the application of the liability limit, the time bar and the exoneration defences (packaging, stowage by the shipper, shipper's instructions). And if you have already paid out, we build the recourse claim against the actual carrier, disputing the application of any limitation of liability.
Caught between the customer who claims and the carrier who pleads exoneration: we manage both fronts, including third-party notices (recourse joinder) down the entire chain (Article 39 CMR).
Subrogated recoveries against carriers and their insurers, and defence of your carrier policyholders.
In international carriage, the CMR Convention caps compensation at 8.33 Special Drawing Rights (SDR) per kilo of gross weight, plus reimbursement of the freight charges (Article 23.4). Domestic carriage is governed by the Spanish Domestic Road Transport Contract Act (Law 15/2009, LCTTM), with a limit of one third of the daily amount of the Spanish public income index (IPREM) per kilo. But the limit is not the end of the story ↓
We defend or challenge the limit depending on which side of the table we sit on: there are two main routes to disapplying it — a special declaration of value in the consignment note and, the most heavily litigated, wilful misconduct or equivalent default (Article 29 CMR; Article 62 LCTTM). One example among many: the Spanish Supreme Court (in its judgment of 10 July 2015, among many others) has found "wilful misconduct in the broad sense" where a loaded vehicle was parked in a dangerous, accessible and unguarded location, establishing scenarios in which the liability limit does not apply — but the case law goes far wider. We have extensive experience in disputes over the application (or disapplication) of the CMR and LCTTM limits, acting for claimants and defendants alike.
The general limitation period for transport claims is one year (three years in international carriage where the carrier is found to have acted with wilful misconduct or equivalent default; two years in domestic carriage). A written claim suspends the running of time, and the suspension continues for as long as the claim is not rejected in writing, subject to certain requirements.
Apparent damage or loss: at the time of delivery. Non-apparent: in writing, within the following 7 days (calendar days in domestic carriage — Article 60 LCTTM; excluding Sundays and public holidays in international carriage — Article 30 CMR). Delay: written reservations within 21 days. Without reservations, delivery in conforming condition is presumed, subject to proof to the contrary — the claim can still be litigated, but sufficient evidence will be needed.
Theft does not of itself exonerate the carrier: whether there is liability — and for how much — turns on where and how the vehicle was parked (guarded parking area or unlit industrial estate, curtain-sider or rigid box, driver present or not) and on the circumstances in which the theft was carried out (whether or not violence was used).
with the initial information we tell you whether the claim or the defence is viable, map out a plan of action and provide a proposal on fees and costs.
addressed to every party in the transport chain (contracting carrier, actual carrier, subcontractors) and to their insurers.
up to €15,000 the dispute is presumed to be submitted to the Transport Arbitration Board (Junta Arbitral) unless expressly excluded by agreement; above that, to the courts.
we enforce the judgment or award, with asset tracing and attachment, including against foreign debtors.
The release/settlement receipt needs to be reviewed, but you may well be able to claim the deductible and whatever was not covered.
That is the CMR limit (8.33 SDR/kg) or its LCTTM equivalent, and it falls away on a special declaration of value or on wilful misconduct or equivalent default. Whether it applies depends on the facts — and on how they are litigated.
The CMR consignment note, the commercial invoice, the packing list, the reservations, photographs and, in theft cases, the police report. With those we give you an assessment within 24 hours.
You can sue in Spain if the place of taking over or the place of delivery is here (Article 31 CMR). We routinely do so against Portuguese, Romanian and Hungarian carriers, among others.
Pre-action phase: weeks to a few months. Court proceedings: 1–2 years depending on the venue. The Transport Arbitration Board is somewhat quicker.
"Your cargo emergencies don't wait. Neither do we.." — 24/7 emergency response