James Buchanan and Company Ltd v Babco Forwarding and Shipping (UK) Ltd: CA 2 Dec 1976

A trailer full of whisky had been stolen. Four fifths of its retail value was excise duty. Because it was to have been exported, duty had not been paid. On the theft the owners had had to pay the duty. The owners sued the carriers for the loss, but the court had to decide the value of the cargo.
Held: At common law the carriers would have to pay the full losses, but the 1965 Act imported the European Convention.
Lord Denning discussed the correct approach to interpretation of an international convention.
Lord Denning MR, Roskill LJ, Lawton LJ
[1976] EWCA Civ 9, [1977] QB 208
Carriage of Goods by Road Act 1965
England and Wales
CitedBulmer (HP) Ltd v Bollinger SA CA 1974
The plaintiff complained that the respondent had described its drink ‘Babycham’ as a champagne perry, which it said was a misuse of the appellation ‘champagne’.
Held: The court considered the effect of European legislation on the law of . .

Cited by:
Appeal fromJames 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 15 October 2021; Ref: scu.262714