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 succeeded. The Convention was not effective to give the court jurisdiction merely because one party was domiciled here.
Lord Justice Rix, Lord Justice Jacob and Lord Justice Lawrence Collins
 EWCA Civ 223, Times 16-Mar-2009,  1 WLR 470,  1 Lloyd’s Rep 555,  Bus LR 50,  3 All ER 617,  1 CLC 360
Convention on the Contract for the International Carriage of Goods by Road 56, Carriage of Goods By Road Act 1965
England and Wales
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 . .
These lists may be incomplete.
Updated: 13 February 2021; Ref: scu.323704