Executive Summary
Wealmoor Limited claims damages from KLM for loss of 500 boxes of fresh green asparagus shipped from Lima to London Heathrow under AWB 074-37845220. The dispute centers on whether KLM breached its obligations under Article 18 of the Montreal Convention 1999 by failing to maintain required temperature controls during carriage, causing irreversible deterioration of the asparagus. Expert evidence confirmed the asparagus was delivered to KLM in sound condition and properly packed, with no inherent defect. The key technical issue is whether KLM’s handling, including exposure to ambient temperatures during warehouse and ramp handling, breached the agreed temperature range of +2°C to +8°C, accelerating respiration and spoilage. KLM’s liability was contested but ultimately not excused by inherent cargo defects or packing faults.
Sanctions Highlights
— No sanctions implications identified in this case.
Emerging Risks
- Temperature-sensitive perishables remain vulnerable to damage during multi-leg air transport, especially where “ambient temperature exposure” is permitted during handling.
- Ambiguity in carrier terms regarding temperature control during warehouse and ramp handling creates risk of disputes and liability.
- Reliance on generalized temperature ranges (+2°C to +8°C) may be insufficient for highly metabolically active produce like asparagus, which requires stricter controls to prevent rapid deterioration.
- Carrier disclaimers on schedules and routing may not shield from liability if temperature control obligations are not met.
Geopolitical Impact
- The case involves multiple jurisdictions and actors: Peru (origin), Netherlands (KLM’s base), UK (destination and legal forum), and EU regulatory context.
- KLM’s subsidiary Martinair operated part of the route, illustrating complexities in multinational airline group liability.
- The case highlights EU and UK regulatory frameworks’ interaction with international conventions (Montreal Convention) in cross-border perishable goods transport.
- The involvement of major global markets (UK, EU, US indirectly via standards) underscores the importance of harmonized standards for perishables logistics.
Economic Intelligence
- Fresh produce importers like Wealmoor depend on reliable cold chain logistics to maintain product quality and reduce losses.
- Damage claims, even modest, can set precedents affecting carrier liability and insurance costs in perishables air freight.
- The case underscores commercial pressures on carriers to balance operational flexibility (routing, handling) with strict temperature controls demanded by clients.
- Potential reputational risks for carriers failing to meet specialized service standards (e.g., “Fresh+2+8”) may impact market share in perishables transport.
Strategic Recommendations
- Clarify and tighten contractual terms on temperature control during all handling phases, explicitly limiting ambient exposure for sensitive cargo.
- Implement enhanced monitoring and documentation of temperature conditions throughout the supply chain, including warehouse and ramp stages.
- Educate clients and carriers on the specific metabolic and storage needs of high-respiration produce like asparagus to align expectations and liability.
- Review and update carrier disclaimers and conditions to ensure they do not undermine enforceable temperature obligations.
- Consider technological solutions (real-time temperature sensors, blockchain tracking) to provide transparent evidence in case of disputes.
- Monitor evolving legal interpretations of Montreal Convention Article 18 in perishables claims to anticipate liability trends.
---
**Source Notes:** Sanctions Intelligence Digest, [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/1706.html](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/1706.html)