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 responsibility for the carriage and against sub-contractors in whose hands the cigarettes were when the alleged losses occurred.
Held: Though the original carrier was subject to this jurisdiction under the Act, that did not apply to allow extension of jurisdiction over subsequent carriers.
Lord Neuberger, President, Lord Mance, Lord Clarke, Lord Sumption, Lord Reed
[2015] UKSC 65, [2016] AC 262, [2016] RTR 1, [2015] 3 WLR 1173, [2015] WLR(D) 430, UKSC 2013/0258, UKSC 2013/0259
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC, SC Summary
Convention on the Contract for the International Carriage of Goods by Road 1956, Carriage of Goods by Road Act 1965, Brussels Regulation 2012 25
England and Wales
Citing:
At first instance – British American Tobacco Switzerland Sa and Others v Exel Europe Ltd and Others ComC 23-Mar-2012
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’ . .
Cited – James Buchanan and Co Ltd v Babco Forwarding and Shipping (UK) Ltd HL 1978
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 . .
Cited – British American Tobacco Switzerland SA and Others v Exel Europe Ltd CA 30-Oct-2013
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 . .
Cited – Ulster-Swift v Taunton Meat Haulage 1975
The carrier who contracts with the sender is the first carrier, even if he does not undertake any stage of the carriage himself. . .
Cited – Ulster-Swift v Taunton Meat Haulage CA 1977
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 . .
Cited – Frans Maas Logistics (UK) Ltd v CDR Trucking BV ComC 23-Mar-1999
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 . .
Appeal from – British American Tobacco Switzerland SA and Others v Exel Europe Ltd CA 30-Oct-2013
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 . .
Cited – Andrea Merzario Ltd v Internationale Spedition Leitner Gesellschaft Gmbh CA 23-Jan-2001
. .
Cited – TNT Express Nederland v AXA Versicherung AG ECJ 4-May-2010
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 . .
Cited – Nipponkoa Insurance Co (Europe) Ltd v Inter-Zuid Transport BV ECJ 19-Dec-2013
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 . .
Cited – 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 . .
Cited – 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’. . .
Cited – Hatzl and Another v XL Insurance Company Ltd CA 19-Mar-2009
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 . .
Cited – Attorney General v Burgoa ECJ 14-Oct-1980
. .
Cited – The owners of the cargo lately laden on board the ship ‘Tatry’ v The owners of the ship ‘Maciej Rataj’ ECJ 6-Dec-1994
ECJ On a proper construction, Article 57 of the Brussels Convention on jurisdiction and the enforcement of judgments as amended means that, where a Contracting State is also a contracting party to another . .
Cited – Kadi v Council and Commission (Common Foreign and Security Policy) ECJ 16-Jan-2008
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council . .
Cited – Allianz Spa (Anciennement Riunione Adriatica Di Sicurta) v West Tankers Inc (Judgments Convention/Enforcement of Judgments) (‘the Front Comor’) ECJ 4-Sep-2008
Europa (Opinion) Regulation (EC) No 44/2001 Scope Arbitration Order restraining a person from commencing or continuing proceedings before the national courts of another Member State instead of before an arbitral . .
Cited – Nipponkoa Insurance Co (Europe) Ltd v Inter-Zuid Transport BV ECJ 19-Dec-2013
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 . .
Lists of cited by and citing cases may be incomplete.
Transport, European
Updated: 10 November 2021; Ref: scu.553896