YORKSHIRE

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YORKSHIRE HUMBER TRUCK WATCH HULL ROTTERDAM
SECURITY CONFERENCE When the wheel comes off
the impact of going to the law

• Presented by John Habergham
• Partner - Shipping Transport Department
• Tel [phone] Email kjh_at_amj.co.uk

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• Case Study 1 Theft of Champagne

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• Lessons-
• Notification
• Race for jurisdiction
• (c) CMR v RHA
• (d) Hauliers! incorporate your terms

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• Case Study 2 Theft of Halogen Heaters

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• Due diligence
• "You shall take all reasonable care to
  prevent/minimise loss or damage including the
  maintenance of security precautions
• Security Clause
• "When vehicles are carrying property you must
  ensure that they will not be left unattended and
  will always be guarded by you or a responsible
  able bodied adult"

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• Recklessness v Negligence

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• Attended or not?

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• Case Study 3 Theft from a hauliers yard

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Driver's References You must obtain and retain
two satisfactory references from reliable sources
for all drivers engaged after the inception of
this policy and prior to entrusting them with any
property, transportation, equipment or goods.
Verbal references must be recorded in writing at
the time they are taken. All such references
must be produced promptly on demand Condition
Precedent "The due observance and fulfilment of
the terms so far as they relate to anything to be
done or complied with by youshall be conditions
precedent to our liability to make any payment
under this policy"