||All England Reporter
|| All ER (D) 119 (Apr)
|| EWHC 716 (Comm)
||Queen's Bench Division, Commercial Court
||Robert Bright QC (instructed by Reed Smith LLP) for the claimant.
||Robert Thomas (instructed by Hill Dickinson LLP) for the defendant.
||2 April 2009
Shipping - Cargo - Loss or damage - Claimant cargo recovery agent acting for underwriters in respect of loss of cargo - Defendant protection and insurance club acting for insurers of vessels - Underwriters and claimant reaching agreement as to payment of commission to claimant - Defendant and underwriters subsequently reaching agreement by-passing claimant - Whether claimant entitled to enforce contract as third party.
Shipping Cargo. Queen's Bench Division, Commercial Court: Where the essential complaint of the claimant (a cargo recovery company) was that it had not received a payment into its bank account in England which it should have done because the defendant (a P&I Club) had paid it to underwriters' accounts in Turkey, the harm lay in the non-receipt of the money at the place where it ought to have been received. Accordingly, the claimant's tortious claims fell within art 5(3) of Council Regulation (EC) No 44-2001 of 22 December 2000 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters).
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