Liability of local agents in Spain

6 March 2008

A recent judgment from the Spanish Supreme Court has considered the status of local agents as well as the nature of their legal relationship with cargo receivers.  And the conclusions reached by the Court are such that the P&I Correspondents, Pandi Claims Services, advise that it is "likely that cargo owners and their insurers could claim directly against [agents] as the legal representative of the Shipowner in Spain, both being considered jointly and severally liable for damages caused".

The Correspondents report that the judgment is the subject of an appeal to the Constitutional Court, the highest judicial authority in Spain. In the meantime, further details of the Supreme Court's decision are provided in Pandi Claims Services' attached circular.