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Search Results for: Carriage of Goods by Road Act 1965
British American Tobacco Switzerland SA and Others v Exel Europe Ltd: CA 30 Oct 2013
Large quantities of tobacco had been stolen from containers whilst in transit across Euurope. The consignors, now the appellants sought recovery from the sub-contractors who had custody of them at the time. Held: The consignors appeal succeeded. Judges: MacFarlane LJ, Sir Bernard Rix, Sir Timothy Lloyd Citations: [2013] EWCA Civ 1319, [2014] RTR 12, [2015] … Continue reading British American Tobacco Switzerland SA and Others v Exel Europe Ltd: CA 30 Oct 2013
British American Tobacco Switzerland Sa and Others v Exel Europe Ltd and Others: ComC 23 Mar 2012
Defendants (companies registered in Holland) denied that the UK court had jurisdiction to try the claim against them. Held: The consignors could not succeed, and the court set aside the proceedings against the sub-contractors. The ‘defendant’ who is the subject-matter of article 31.1 is any successive carrier who can be sued pursuant to article 36, … Continue reading British American Tobacco Switzerland Sa and Others v Exel Europe Ltd and Others: ComC 23 Mar 2012
Hatzl and Another v XL Insurance Company Ltd: CA 19 Mar 2009
The claimant had taken an assignment of a cause of action from an english lorry driver whose load had been stolen in Italy. The insurer now appealed against a finding that the English court had jurisdiction. Held: The insurers appeal succeeded. The Convention was not effective to give the court jurisdiction merely because one party … Continue reading Hatzl and Another v XL Insurance Company Ltd: CA 19 Mar 2009
Quantum Corporation Inc and Others v Plane Trucking Ltd and Another: CA 27 Mar 2002
A valuable cargo was stolen whilst being transported. Part of the journey was by road, and part by air. The carriers sought to limit their liability, because of the provisions of the Act and Convention. It was argued that that did not apply, because part of the journey had been by air, and part only … Continue reading Quantum Corporation Inc and Others v Plane Trucking Ltd and Another: CA 27 Mar 2002
Knapfield v Cars Holdings Ltd Company (No 05481676) and Others: ComC 13 Jun 2022
Damages claim for the damage and diminution in value of two valuable cars damaged whilst in the possession of the Defendants Judges: Charles Hollander QC Sitting as a Deputy Judge of the High Court Citations: [2022] EWHC 1437 (Comm) Links: Bailii Statutes: Carriage of Goods by Road Act 1965 Jurisdiction: England and Wales Transport, Damages … Continue reading Knapfield v Cars Holdings Ltd Company (No 05481676) and Others: ComC 13 Jun 2022
Datec Electronic Holdings Ltd and Another v United Parcels Service Ltd: CA 29 Nov 2005
The parties put forward alternative explanations for the loss of a mail packet. Richards LJ said: ‘Nor do I see any inconsistency between my approach and the observations of Lord Brandon in The Popi M. The conclusion that employee theft was the probable cause of the loss is not based on a process of elimination … Continue reading Datec Electronic Holdings Ltd and Another v United Parcels Service Ltd: CA 29 Nov 2005
Sandeman Coprimar Sa v Transitos Y Transportes Integrales S L , Bradford Cargo Terminal Limited, Spain Tir Centro Transportes Internacionales S A , Interserve International Freight Plc, Joda Freight: CA 11 Feb 2003
Sub-bailees had lost Spanish tax seals which vouched for the respective tax having been paid whilst whisky was being transported from Scotland to Spain. The seals themselves were made of paper and had no intrinsic value. The importers claimed for the tax which would have to be paid again. The carriers appealed. Held: No carrier … Continue reading Sandeman Coprimar Sa v Transitos Y Transportes Integrales S L , Bradford Cargo Terminal Limited, Spain Tir Centro Transportes Internacionales S A , Interserve International Freight Plc, Joda Freight: CA 11 Feb 2003
Datec Electronics Holdings Ltd and others v United Parcels Services Ltd: HL 16 May 2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that the value of any one item did not exceed the stated limit. The claimants … Continue reading Datec Electronics Holdings Ltd and others v United Parcels Services Ltd: HL 16 May 2007
British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015
One container loaded with cigarettes was allegedly hi-jacked in Belgium en route between Switzerland and The Netherlands in September 2011, while another allegedly lost 756 of its original 1386 cartons while parked overnight contrary to express instructions near Copenhagen en route between Hungary and Vallensbaek, Denmark. The consignors claimed against English main contractors who undertook … Continue reading British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015
James Buchanan and Company Ltd v Babco Forwarding and Shipping (UK) Ltd: CA 2 Dec 1976
A trailer full of whisky had been stolen. Four fifths of its retail value was excise duty. Because it was to have been exported, duty had not been paid. On the theft the owners had had to pay the duty. The owners sued the carriers for the loss, but . .
