||All England Reporter
|| All ER (D) 427 (Mar)
|| EWCA Civ 350
||Court of Appeal, Civil Division
Aldous, Mance and Latham LJJ
||David Joseph (instructed by Clyde & Co) for the claimants.
||Michael McLaren (instructed by Collyer Bristow) for the airline.
||27 March 2002
Carriers - Contract - Carriage of goods - International carriage of goods by road - Contract for multi-modal carriage - Carrier contracting to carry goods by road for one sector - Carrier retaining option to substitute different mode of carriage for that sector - Whether international convention for carriage by road applicable to contracts for multi-modal carriage - Whether international convention for carriage by road applicable where carrier retains option to substitute different mode of carriage - .
The Convention for the International Carriage of Goods By Road 1956, as implemented by the Schedule to the was to be read as applying to the international road carriage element of multi-modal carriage contracts. Further, the fact that the carrier retained an option to carry the goods by a mode other than rode would not alter the applicability of the Convention, provided that the goods were, in fact, carried by road.
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