Insights / Logistics

Cargo Loss and Supply-Chain Disputes: Instructing a Logistics Expert Witness

Logistics disputes are won in the detail: where in the chain the loss happened, and which contract term put the risk there.

2026-06-02 · 6 min read

Following the goods, and the liability

A logistics dispute is usually a question of where: at which point in a multimodal chain did goods get lost, damaged or delayed, and which party carried the risk at that moment. The answer is rarely obvious from the pleadings. It lives in waybills, handover points, storage records and the contract terms that allocate responsibility. A logistics expert traces the goods through the chain and pinpoints where liability actually sits.

Freight, warehousing and carriage

Freight forwarding disputes turn on forwarder and carrier liability across modes and handover points. Warehousing claims examine storage, handling, inventory accuracy and the cause of loss. Carriage and Incoterms disputes turn on the trade terms that allocate risk and cost; the ICC Incoterms rules are central, and an expert can explain where risk passed and why.

Customs, compliance and disruption

Customs and trade-compliance disputes hinge on tariff classification, valuation, origin and duty, governed in the UK by HM Revenue and Customs. Supply-chain disruption claims, more common since recent global shocks, test whether a party met its obligations when a chain broke down: causation, mitigation, alternative sourcing and the reach of force-majeure provisions. Cold-chain failures add the question of whether temperature and handling were maintained throughout.

Instructing the right expert

The discipline matters: a freight expert and a customs expert are not interchangeable. Instruct early so the expert can review documentation before positions harden, and ensure they understand their duty to the court under CPR Part 35. Our guide on how to instruct an expert witness covers what to expect.

FAQ

Common questions

Do you cover freight, warehousing and customs disputes?

Yes. We work with experts across freight forwarding, warehousing and fulfilment, and customs and trade compliance, able to trace where liability and loss arise in a supply chain.

How do Incoterms affect a cargo claim?

Incoterms allocate risk and cost between buyer and seller at defined points. Which Incoterm applies often determines who bore the risk when loss or damage occurred, which is why expert interpretation matters.

Can an expert help with a supply-chain disruption claim?

Yes. An expert can assess causation, the adequacy of mitigation and alternative sourcing, and how far a force-majeure provision reaches, then quantify the resulting loss.

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