Hatzl and another v XL Insurance Co Ltd – WLR Daily

Posted March 20th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99

The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”

WLR Daily, 19th March 2009

Source: www.lawreports.co.uk

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