Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008

The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have jurisdiction of the cargo was ‘delivered’ in England.
Held: The cargo was delivered on being shipped, and the English court had jurisdiction. This was clear under section 32 of the 1979 Act.

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Neuberger of Abbotsbury
[2008] UKHL 11
Council Regulation (EC) No 44/2001 5(1)(b), Sale of Goods Act 1979 32(1)
England and Wales
Appeal fromScottish and Newcastle International Ltd v Othon Ghalanos Ltd CA 20-Dec-2006
. .
CitedIndustrie Tessili Italiana Como v Dunlop Ag. ECJ 6-Oct-1976
Europa The new member states are entitled to submit observations in the context of proceedings relating to the interpretation of one of the conventions, for which provision is made in article 220 of the Treaty, . .
CitedDunlop v Lambert HL 16-Jun-1839
A cargo of whisky was lost in carriage by sea between Leith and Newcastle. A second shipment was made and the loss was claimed. The House was asked whether ‘in a question between a carrier and the person to whom the carrier is responsible in the . .
CitedColor Drack GmbH v LEXX International Vertriebs GmbH (Area Of Freedom, Security and Justice) ECJ 15-Feb-2007
Europa Regulation (EC) No 44/2001 Article 5(1)(b) Special jurisdiction in matters relating to a contract Sale of goods Several places of delivery in a Member State.
The court explained the aim of the . .
CitedP and O Nedlloyd B v Dampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation CA 12-Feb-2003
The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party.
Held: The shippers as the bank’s principals . .
CitedBorealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others HL 27-Mar-2001
The ship came to port, and samples of the cargo proved contaminated. The carrier asserted that the consignee was to be deemed to have demanded delivery, and had so assumed the risk. The court found that the mere taking of samples was not such a . .
CitedOwners of Cargo On K H Enterprise v Owners of Pioneer Container PC 29-Mar-1994
Owners who were claiming under a bailment must accept the terms of a sub-bailment to which it had agreed. This result is both principled and just. A sub-bailee can only be said for these purposes to have voluntarily taken into his possession the . .
CitedKwei Tek Chao v British Traders and Shippers QBD 1954
In testing whether a buyer of goods has acted inconsistently with the rights of the seller so as to lose the right of rejection where as in this case, property in the goods has passed to the buyer, the ownership of the seller with which the buyer . .
CitedMorris v CW Martin Ltd CA 1966
Diplock LJ said: ‘The legal relationship of bailor and bailee of a chattel can exist independently of any contract.’ Where goods are lost or damaged, the burden is on the bailee (or sub-bailee) to ‘show – that the loss or damage caused without any . .
CitedAlbacruz (Cargo Owners) v Albazero ‘The Albazero’ HL 1977
The House was asked as to the extent to which a consignor can claim damages against a carrier in circumstances where the consignor did not retain either property or risk. To the general principle that a person cannot recover substantial damages for . .

Lists of cited by and citing cases may be incomplete.

Jurisdiction, Transport

Updated: 20 December 2021; Ref: scu.264639