BMG Trading Limited v A S Mckay Limited and Azov Shipping Company: CA 3 Oct 1997

A contract for shipping was subject to the Hague Visby Rules, but provided that jurisdiction was for the place where the carrier had his business, in this case in Mariupol. The question was: where an application is made under O.12 r.8 to set aside leave to serve out granted under O.11 r.1(1)(c) should the court consider the validity of this head of jurisdiction on the basis of the facts pertaining when the application is heard or the facts pertaining when leave was given?
[1997] EWCA Civ 2406
England and Wales

Updated: 23 April 2021; Ref: scu.142804