A haulage company has obtained a temporary High Court order lifting an embargo preventing it from collecting and delivering containers from Dublin port.
The order was obtained by Gary Keville Transport Limited against MSC (Mediterranean Shipping) Company Limited, one of the world’s largest container shipping companies, who it is claimed placed the embargo on the plaintiff.
The court’s order, which was made with the consent of both parties, is to remain in place until the matter returns before the High Court in October.
The applicant’s business involves the transportation of goods placed in containers that are owned and shipped to Dublin port by MSC.
It is alleged that late last month MSC informed Gary Keville Transport Ltd that it would not allow its containers to be loaded onto the plaintiff’s lorries.
The haulier, represented by James Lawless BL, instructed by solicitor Helen Noble, claimed that the embargo arose following minor incidents in 2020 and last July involving his client’s return of empty containers owned by MSC.
The court heard that the haulier had attempted to comply with MSC’s instructions to return the containers to certain depots in Dublin.
It is alleged that the haulier was given incorrect instructions and that the two containers should have been delivered to other depots in the city.
This resulted in the haulier having to bring the containers back to its own depot, which it says resulted in additional charges being incurred.
After getting further instructions from MSC, the haulier says it brought the two containers to the correct depots.
Embargo
Following the second incident in late July the haulier claims that MSC informed it that it was going to impose a ban on it from using MSC’s services, and would not pay any additional charges.
Counsel said that as such the embargo would have serious economic consequences for the haulage company’s business, as it would prevent it from being able to deliver or collect goods it has been contracted to carry.
Attempts to resolve the dispute between the parties were not successful.
As a result, the haulier has sued the shipping firm, where it seeks damages for what it claims is the unlawful interference with its economic interests.
Counsel said that the haulage firm had intended to seek an injunction, on an ex-parte basis, requiring the defendant company to lift the embargo and cease interfering with the plaintiff’s business.
When the matter came before Mr Justice Anthony Barr during Tuesday’s vacation sitting of the High Court, Mr Lawless said that following some last-minute discussions between the parties the court could make the order on consent.
Counsel said the proceedings arise out of something that was “very minor” and the proposed embargo was unlawful and draconian.
Counsel said that following productive talks between the parties, it had been agreed that the court could grant the temporary injunction lifting the embargo. The order is to remain in place until the case returns before the court.
Mr Justice Barr granted the order, and adjourned the action to a date in October when the new legal term commences.