Sandeman Coprimar Sa v Transitos Y Transportes Integrales S L , Bradford Cargo Terminal Limited, Spain Tir Centro Transportes Internacionales S A , Interserve International Freight Plc, Joda Freight: CA 11 Feb 2003

Sub-bailees had lost Spanish tax seals which vouched for the respective tax having been paid whilst whisky was being transported from Scotland to Spain. The seals themselves were made of paper and had no intrinsic value. The importers claimed for the tax which would have to be paid again. The carriers appealed.
Held: No carrier could anticipate the losses without specific knowledge of the nature and purpose of the seals. This was a consequential loss, and was too remote to be claimed. The liability under the guarantees was not recoverable either by describing the it as a ‘charge incurred in respect of the carriage of goods’. The Babco case could be distinguished, and should not be applied where it was not absolutely binding.

Judges:

Mr Justice Scott Baker, Lord Justice Rix, Lord Phillips MR

Citations:

Times 13-Feb-2003, [2003] 2 WLR 1496, [2003] QB 1270, [2003] EWCA Civ 113

Links:

Bailii

Statutes:

Carriage of Goods by Road Act 1965, Convention for the International Carriage of Goods by Road Geneva 1956 23.4

Jurisdiction:

England and Wales

Citing:

DistinguishedJames 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.

Damages, Agency

Updated: 07 June 2022; Ref: scu.179041