Various items were deemed to have been lost whilst being transported by the defendants. The claimants sought damages based on the price for which they would have been sold. The defendants appealed a judgment on that basis.
Held: The carrier’s appeal failed.
Lord Justice Rix, Lord Justice Wilson and Lord Justice Rimer
[2008] EWCA Civ 955, Times 10-Sep-2008, [2009] Bus LR 529
Bailii
England and Wales
Citing:
Appeal from – Sony Computer Entertainment UK Ltd v Cinram Logistics UK Ltd ComC 2008
The defendant took the claimant’s memory cards for transport, but they were lost. The claimant sought damages calculated on the eventual selling price.
Held: The claimants were entitled to damages on this basis if they discharged the burden of . .
Cited – Charter v Sullivan CA 25-Feb-1957
. .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Contract, Damages
Updated: 08 January 2022; Ref: scu.272279