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] 1 All ER (Comm) 52, [2014] 1 Lloyd’s Rep 503, [2013] 2 CLC 683, [2014] 1 WLR 4526, [2013] WLR(D) 417
Links:
Statutes:
Convention on the Contract for the International Carriage of Goods by Road, Carriage of Goods by Road Act 1965
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 by:
Cited – 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 . .
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 20 November 2022; Ref: scu.517232
