www.bifa.org


Robert Keen’s Column


BIFAlink


BIFAlink is the official magazine of the British International Freight Association Redfern House, Browells Lane, Feltham TW13 7EP Tel: 020 8844 2266 Web site: www.bifa.org E-mail: bifa@bifa.org (A company limited by guarantee. Registered in England: 391973. VAT Registration: 216476363)


Director General Robert Keen r.keen@bifa.org Executive Director Robert Windsor r.windsor@bifa.org Executive Director Spencer Stevenson s.stevenson@bifa.org Policy & Compliance Advisor Pawel Jarza p.jarza@bifa.org Policy & Compliance Advisor David Stroud d.stroud@bifa.org Training Development Manager Carl Hobbis c.hobbis@bifa.org Editorial Co-ordinator Sharon Hammond s.hammond@bifa.org


Published by Park Lane Publishing peter@parklanepublishingltd.com Contributors Robert Keen, Robert Windsor, Pawel Jarza, David Stroud, Spencer Stevenson, Carl Hobbis, Sharon Hammond


The shipping line ‘con’ that everyone should be know about


The heading above is not in my words but is how a forwarder described his experiences recently when he learned about the Merchant Clause. The customer had asked our Member to make an entry on a shipment that was paid through to a UK destination. The forwarder duly cleared the goods and asked the shipping line to effect the delivery, but was staggered to then receive a bill for quay rent in excess of £24,000. Apparently there had been a dispute between the buyer and the seller that was unknown to the forwarder who simply did the entry and gave the OK for the movement to be finalised. We have written about the ‘catch all’ Merchant Clause on shipping line bills many


times. It is also enshrined in legislation as under The Carriage of Goods By Sea Act 1992, “if one takes or demands delivery of the goods, one becomes liable for the costs


and expenses under the bill of lading as if the signatory”. So, what should you do if caught up in a similar situation? Reply to the invoicing party, reserving your


position, whilst taking legal advice. Get all communications with the client and the line and HM Revenue & Customs (HMRC) together and look for evidence that an Agency role exists rather than that of Principal. Lastly, you will probably need legal advice so notify your liability insurers who may be able to assist in the first instance. I am pleased to report that the BIFA Member’s customer paid the quay rent, although a ‘nudge’ from a


solicitor was needed. We will put a more detailed article about the Merchant Clause in a future edition of BIFAlink. Hopefully you will be aware that there is a new edition of the BIFA Standard Trading Conditions (STC) to cover


amendments due to the UK no longer being in the EU. The changes are relatively small but reflect changes to Direct Representation with HMRC. We have also updated our representation guidance on the BIFA website, so go to bifa.org and find the guide in the information section under Good Practice Toolbox. BIFA Members should also make themselves familiar with the article in this edition of BIFAlink and start


getting used to the term Direct Customs Agent, which supersedes Direct Representative. There is no Awards Lunch in January but we are still awarding prizes for the competition, which attracted


many entries despite Covid-19. Look out for the announcement of the winners and tune into YouTube. We will release a different 15 minute video on each of four consecutive days in late January and have a virtual awards ceremony. My thanks to our sponsors who judged the awards. It is a difficult job as the entries were of a high standard. I


find the Young Freight Forwarder Award (that I assist in judging) particularly difficult. This year the finalists were so close that the judge from our sponsor, Virgin Atlantic Cargo, took a couple of days to reflect before the winner was chosen. There is some exceptional young talent working for BIFA Members and of course the same is true for the Apprentice of the Year Award. Sadly, an old friend of BIFA passed away in early December. Alph Forrest was our regional representative for


Note to media: If you wish to use items in this magazine that are older than 1 month, please contact the editor to ensure that the item in question still reflects the current circumstances.


Please be advised that BIFA DOES NOT OFFER LEGAL ADVICE. BIFA is not a law firm and the authors of this publication are not legally qualified and do not have any legal training. The guidance and assistance set out herein are based on BIFA’s own experience with the issues concerned and should not be in any circumstances regarded or relied upon as legal advice. It is strongly recommended that anyone considering further action based on the information contained in this publication should seek the advice of a qualified professional.


Scotland from 2005 until 2010 and it is no exaggeration to say he enlivened our Scottish presence when he re-established a BIFA Burns supper at which he was a lively contributor. There will be an obituary will be in February’s edition.


Robert Keen Director General


January 2021


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