Can I be sued for damage when loading or unloading a truck at my premises?
- 09.08.2026
We imported goods that were held up at the port due to a documentation issue caused by our customs broker, and we were charged significant storage and demurrage fees while it was sorted out. Can we recover these costs from the broker?
If the delay was caused by an error or omission by your customs broker, such as incorrect or incomplete documentation, you may have a claim against them for breach of their duty to exercise reasonable care and skill, under general contract and negligence principles, and under the Customs and Excise Act 2018 which regulates customs brokers and their obligations. Check the broker's terms of engagement, since many brokers include limitation of liability clauses, and see whether they cover this type of loss. Gather evidence showing the cause of the delay, correspondence with the broker and the port or shipping line, and the actual storage and demurrage invoices you were charged. Notify the broker promptly and request that they cover the additional costs, referring to their error. If they dispute responsibility or the amount is significant, consider legal advice, and check whether the broker carries professional indemnity insurance that might respond.
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