A contract was made for the delivery of goods from England to Scotland. The lorry and goods were damaged by fire on the M25. The defenders appealed an order that the 1856 Act applied to allow recovery in Scotland.
Held: The Act precluded application outside Scotland. It was not appropriate to apply the Act by virtue of the fact that the carrier was Scottish.
Judges:
Lord Justice Clerk And Lord Johnston And Lord Osborne
Citations:
[2003] ScotCS 297, Times 29-Jan-2004
Links:
Statutes:
Mercantile Law Amendment (Scotland) Act 1856 17, Private International Law (Miscellaneous Provisions) Act 1995
Jurisdiction:
Scotland
Contract
Updated: 08 June 2022; Ref: scu.190770
