An insurance company, Tryg Forsikring A/S (Tryg), commenced legal proceedings against a contracting carrier, DHL Global Forwarding (Denmark) A/S (DHL). Tryg was subrogated into the consignor’s claim for damages regarding loss of goods due to the shipwreck of the container vessel MOL Comfort in 2013. The goods were transported from Singapore to Jeddah in Saudi Arabia when the vessel broke in half and sank at a depth of 3-4,000 metres.

Different reports were exhibited, including an interim report, a final report and an investigation report from the Committee on Large Container Ship Safety in Japan.

Held: DHL was obliged to pay damages regarding loss of the goods to Tryg.

The Maritime and Commercial High Court found that, despite the reports, the cause of the shipwreck was still subject to uncertainty. The reports pointed to some circumstances that could have been of importance to the shipwreck, including buckling deformations and the still water vertical bending moment. Regarding the latter, the Court noted that the container vessel ought not to have departed from Singapore with a still water vertical bending moment at 103 per cent.

Considering these circumstances, the Court found that DHL had not met the burden of proof regarding its potential fault and neglect. The Court referred to the Danish Merchant Shipping Act, s 275(1), corresponding to the Hague-Visby Rules, art 4.2.q, according to which the carrier is responsible for loss and damages where the carrier cannot prove that loss and damages are caused without the fault or neglect either by the carrier or its agents or servants.

The case was appealed to the High Court of Eastern Denmark on 27 January 2016 (case number B-197-16) and was later withdrawn and adjourned due to a settlement between the parties.