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
Question as to the meaning and effect of Article 37 of the Convention on the Contract for the International Carriage of Goods by Road Citations: [2005] EWCA Civ 1461 Links: Bailii Jurisdiction: England and Wales Contract Updated: 13 November 2022; Ref: scu.236370
ECJ Opinion – Judicial cooperation in civil and commercial matters Jurisdiction and recognition and enforcement of judgments Regulation (EC) No 44/2001 Article 71 Conventions concluded by the Member States in relation to particular matters Convention on the Contract for the International Carriage of Goods by Road (CMR) Judges: V. Skouris, P Citations: [2010] EUECJ C-533/08 … Continue reading TNT Express Nederland v AXA Versicherung AG: ECJ 4 May 2010
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
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
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
Cummins as consignor had contracted with Davis, another English company, for the carriage of engines from England to Amsterdam. Davis instructed Charterway to undertake the leg from Rotterdam to Amsterdam, and Charterway in turn asked Graaf, who asked Boers to do this. Charterway, Graaf and Boers were all Dutch firms and all successive carriers under … Continue reading Cummins Engine Co Ltd v Davis Freight Forwarding (Hull) Ltd: CA 1981
Bingham LJ considered dicta in Cummins Engine, and said: ‘although it could not be regarded as ‘having more than persuasive authority . . I think (with respect) that it is plainly right’. Judges: Bingham LJ Citations: [1988] 1 Lloyd’s Rep 487 Statutes: Convention on the Contract for the International Carriage of Goods by Road 31.1 … Continue reading ITT Schaub-Lorenz Vertriebsgesellschaft mbH v Birkart Johann lnternationale Spedition GmbH and Co KG: CA 1988
The carrier who contracts with the sender is the first carrier, even if he does not undertake any stage of the carriage himself. Judges: Donaldson J Citations: [1975] 2 Lloyd’s Rep 502 Statutes: Convention on the Contract for the International Carriage of Goods by Road 31.1 Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Ulster-Swift v Taunton Meat Haulage: 1975
CMR Convention: Articles 31(2) and 36 – relating on jurisdiction. Brussels Convention: Article 57. Applicability in cases covered by the CMR convention.Article 31.2 of CMR to be limited to proceedings brought by same claimant against the same defendant, and that, on that basis, the lis pendens provisions of articles 21 and 22 of the Brussels … Continue reading Frans Maas Logistics (UK) Ltd v CDR Trucking BV: ComC 23 Mar 1999
A carrier who contracts with the sender is the first carrier, even if he does not undertake any stage of the carriage himself.The court noted the sometimes great difficulty in finding consistent interpretations of European Law Citations: [1977] 1 Lloyd’s Rep 346, [1997] 1 WLR 625 Statutes: Convention on the Contract for the International Carriage … Continue reading Ulster-Swift v Taunton Meat Haulage: CA 1977
The Convention was intended to achieve harmony between the laws of different countries, not uniformity. There was no need to impose an implied term which would impose uniformity beyond the scope of the actual words and requirements of the convention. Citations: Times 24-Aug-1998, [1998] EWCA Civ 1181 Statutes: Convention on the Contract for the International … Continue reading Gefco (UK) Ltd v Mason: CA 24 Aug 1998
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
ECJ Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Articles 27, 33 and 71 – Lis pendens – Recognition and enforcement of judgments – Convention on the Contract for the International Carriage of Goods by Road (CMR) – Article 31(2) – Rules for coexistence – Action for indemnity – Action … Continue reading Nipponkoa Insurance Co (Europe) Ltd v Inter-Zuid Transport BV: ECJ 19 Dec 2013
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
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The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents. Held: The claimants’ appeal failed. The definition of accident in Fenton required adjustment in this context: for Convention purposes the ‘loss or hurt’ cannot itself be the … Continue reading Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
English statutes which give effect to international conventions need to be interpreted with the international origin of the rules well in mind. The Act only applies to contracts of carriage of goods outwards from ports in the United Kingdom, and the . .
A consignment of whisky was stolen whilst on consignemt from a bonded warehouse under CMR terms for Teheran. In bond, it was worth 7,000 pounds, and on export no excise duty was to be paid. Being stolen in the course of transit, excise duty of . .
