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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

Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005

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

Cummins Engine Co Ltd v Davis Freight Forwarding (Hull) Ltd: CA 1981

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

ITT Schaub-Lorenz Vertriebsgesellschaft mbH v Birkart Johann lnternationale Spedition GmbH and Co KG: CA 1988

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

Gefco (UK) Ltd v Mason: CA 24 Aug 1998

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

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

Acts

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