carriage of goods – Current Awareness

Court of Appeal hands down judgment in the FX Collective Proceedings – Jurisdiction to Appeal, Opt-in vs Opt-out, and Carriage – Henderson Chambers

Posted August 3rd, 2023 in appeals, carriage of goods, chambers articles, competition, jurisdiction, news by sally

‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’

Full Story

Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk

New Judgment: JTI POLSKA Sp. Z o.o. and others v Jakubowski and others [2023] UKSC 19 – UKSC Blog

Posted June 15th, 2023 in carriage of goods, customs and excise, news, statutory interpretation, Supreme Court, theft, treaties by sally

‘The appellants are road hauliers based in Poland. The respondents are part of a group of companies that buy and sell tobacco products internationally. The respondents contracted the appellants to transport a consignment of cigarettes from Poland to England. The road carriage was undertaken subject to the Convention on the Contract for the International Carriage of Goods by Road 1956 (the “CMR”), an international treaty which widely governs international transport by road and has the force of law in the UK under domestic legislation. Under a European excise duty suspension arrangement, excise duty on the cigarettes was suspended until such time as the consignment was released for commercial consumption, or was deemed to have been released for commercial consumption, as in the case of non-delivery or partial delivery due to theft.’

Full Story

UKSC Blog, 14th June 2023

Source: ukscblog.com

Case Preview: JTI POLSKA Sp. Z o.o. and Ors v Jakubowski and Ors – UKSC Blog

Posted March 28th, 2023 in carriage of goods, contracts, customs and excise, EC law, news, Poland, Supreme Court, theft by sally

‘In this post, David McKie and Dany Bitar, partner and associate respectively in the litigation team at CMS, preview the decision awaited from the Supreme Court in JTI POLSKA Sp. Z.o.o. and Ors v Jakubowski and Ors.’

Full Story

UKSC Blog, 27th March 2023

Source: ukscblog.com

How Will Immigration Policies Impact Haulage? – EIN Blog

Posted March 2nd, 2021 in brexit, carriage of goods, immigration, news by sally

‘Brexit cannot be blamed for all the challenges the haulage industry is currently facing. On the other hand, it isn’t helping either. In particular, it’s making recruitment even harder.’

Full Story

EIN Blog, 1st March 2021

Source: www.ein.org.uk

Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others – WLR Daily

Posted October 28th, 2014 in carriage of goods, conflict of laws, EC law, law reports, treaties by sally

Haeger & Schmidt GmbH v Mutuelles du Mans assurances IARD (MMA IARD) and others (Case C-305/13) ECLI:EU:C:2014:2320; [2014] WLR (D) 441

‘The last sentence of article 4(4) of the Convention on the Law Applicable to Contractual Obligations (Rome Convention) applied to a commission contract for the carriage of goods solely when the main purpose of the contract consisted in the actual transport of the goods concerned, which was for the referring court to verify. Where the law applicable to a contract for the carriage of goods could not be fixed under the second sentence of article 4(4), it had to be determined in accordance with the general rule laid down in article 4(1) that the law governing the contract was that of the country with which it was most closely connected. Where it was argued that a contract had a closer connection with a country other than that the law of which was designated by the presumption laid down in article 4(2), the national court had to compare the connections existing between that contract and the country whose law was designated by the presumption and the other country concerned. In so doing, the national court had to take account of the circumstances as a whole, including the existence of other contracts connected with the contract in question.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

Standard Chartered Bank v Dorchester LNG (2) Ltd – WLR Daily

Posted October 28th, 2014 in banking, bills, carriage of goods, contracts, documents, law reports, shipping law by sally

Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440

‘The expression “completion, by delivery of the bill, of any indorsement of the bill” in section 5(2)(b) of the Carriage of Goods by Sea Act 1992 meant that completion of an indorsement by delivery required the voluntary and unconditional transfer of possession by the holder to the indorsee and an unconditional acceptance by the indorsee.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

Nickel & Goeldner Spedition GmbH v “Kintra” UAB – WLR Daily

Posted September 9th, 2014 in carriage of goods, debts, EC law, insolvency, jurisdiction, law reports by sally

Nickel & Goeldner Spedition GmbH v “Kintra” UAB (Case C-157/13) ECLI:EU:C:2014:2145; [2014] WLR (D) 387

‘An action for the payment of a debt based on the provision of carriage services taken by the insolvency administrator of an insolvent undertaking in the course of insolvency proceedings opened in one member state and taken against a service recipient established in another member state came under the concept of “civil and commercial matters” within the meaning of article 1(1) of Council Regulation (EC) No 44/2001. Moreover, article 71 of Regulation No 44/2001 meant that, in a situation where a dispute fell within the scope of both that regulation and the Convention on the Contract for the International Carriage of Goods by Road, as amended, a member state could, in accordance with article 71(1) of that Regulation, apply the rules concerning jurisdiction laid down in article 31(1) of that Convention.’

WLR Daily, 4th September 2014

Source: www.iclr.co.uk

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

Posted November 4th, 2013 in carriage of goods, contracts, jurisdiction, law reports by sally

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2013] EWCA Civ 1319; [2013] WLR (D) 417

“Where the English court had jurisdiction pursuant to article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road (as scheduled to the Carriage of Goods by Road Act 1965) in respect of a claim by the cargo owner against the primary carrier under the contract of carriage, article 36 of the Convention permitted the cargo owner to bring proceedings in England not only against the primary carrier, but also against successive carriers, whether or not the English court would have had jurisdiction over the successive carriers individually applying the provisions of article 31.1.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

Posted March 28th, 2012 in carriage of goods, jurisdiction, law reports, service out of jurisdiction, theft by sally

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2012] EWHC 694 (Comm) QB; [2012] WLR (D) 98

“Article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road, set out in the Schedule to the Carriage of Goods by Road Act 1965, restricted the courts where an action could be brought against a defendant, and the fact that the English court had jurisdiction under article 31.1 to entertain an action against one of a series of carriers of the same goods did not enable successive carriers of those goods, in respect of whom the court did not otherwise have jurisdiction under article 31.1, to be joined in the same proceedings.”

WLR Daily, 23rd March 2012

Source: www.iclr.co.uk

UK authorities’ inability to seize counterfeits results in EU court referral – OUT-LAW.com

Posted January 28th, 2010 in carriage of goods, counterfeiting, customs and excise, EC law, news by sally

“The Court of Appeals has asked Europe’s highest court to rule on whether UK authorities can seize counterfeit goods passing through the UK and allow brand owners to take legal action against the companies behind the fakes.”

Full story

OUT-LAW.com, 27th January 2010

Source: www.out-law.com

Hatzl and Another v XL Insurance Co Ltd – Times Law Reports

Posted April 16th, 2009 in assignment, carriage of goods, insurance, jurisdiction, law reports by sally

Hatzl and Another v XL Insurance Co Ltd

Court of Appeal

“On a proper construction of article 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road, scheduled to the Carriage of Goods by Road Act 1965, a dispute did not become justiciable in England merely by the fact that an assignor of one of the contracting parties happened to be domiciled in England if that was the only connection with the jurisdiction.”

The Times, 16th April 2009

Source: www.timesonline.co.uk

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

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency – Times Law Reports

Posted June 3rd, 2008 in carriage of goods, EC law, law reports, road traffic by sally

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency

Court of Appeal

“A Belgian road haulier’s licence empowered a licensed haulier to engage in temporary road haulage in the United Kingdom but any full-time operation in the UK was illegal without a current licence granted by the UK licensing authority.”

The Times, 3rd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Romantiek Transport BVBA & others v Vehicle and Operator Services Agency – WLR Daily

Posted May 20th, 2008 in carriage of goods, EC law, law reports, road traffic by sally

Romantiek Transport BVBA & others v Vehicle and Operator Services Agency [2008] EWCA Civ 534; [2008] WLR (D) 156

“A Community authorisation granted by a member state within Council Regulation (EEC) No 3118/93, which entitled a road haulage carrier to operate on a temporary basis national road haulage services in another member state (‘cabotage’), did not have the effect of enabling such a carrier to operate permanently in the UK without a current UK licence pursuant to s 2 of the Goods Vehicles (Licensing of Operators) Act 1995.”

WLR Daily, 19th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd. – Times Law Reports

Posted May 18th, 2007 in carriage of goods, contracts, law reports by sally

Contract valid despite nonconformity

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd.

House of Lords

“When a carrier accepted packages for transportation by road to another country, and the undertaking was performed to an extent, then there was a contract of carriage even if the carrier had unknowingly accepted packages which did not conform to its terms and conditions of carriage. Therefore the Convention on the Contract for the International Carriage of Goods by Road applied.”

The Times, 18th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.