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 succeeded. The Convention was not effective to give the court jurisdiction merely because one party was domiciled here.

Judges:

Lord Justice Rix, Lord Justice Jacob and Lord Justice Lawrence Collins

Citations:

[2009] EWCA Civ 223, Times 16-Mar-2009, [2010] 1 WLR 470, [2009] 1 Lloyd’s Rep 555, [2010] Bus LR 50, [2009] 3 All ER 617, [2009] 1 CLC 360

Links:

Bailii

Statutes:

Convention on the Contract for the International Carriage of Goods by Road 56, Carriage of Goods By Road Act 1965

Jurisdiction:

England and Wales

Cited by:

CitedBritish 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, Jurisdiction

Updated: 23 July 2022; Ref: scu.323704