Source: All England Reporter
Publisher Citation: [2002] All ER (D) 427 (Mar)
Neutral Citation: [2002] EWCA Civ 350
Court: Court of Appeal, Civil Division
Judge:

Aldous, Mance and Latham LJJ

Representation David Joseph (instructed by Clyde & Co) for the claimants.
  Michael McLaren (instructed by Collyer Bristow) for the airline.
Judgment Dates: 27 March 2002

Catchwords

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 Case

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.

Practice Areas

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