Source: All England Reporter
Publisher Citation: [2002] All ER (D) 278 (Nov)
Neutral Citation: [2002] EWHC 2461 (Comm)
Court: Commercial Court
Judge:

Morison J

Representation Bernard Doherty (instructed by Clyde & Co) for the claimant.
  John Russell (instructed by Holmes Hardingham) for the defendant.
Judgment Dates: 20 November 2002

Catchwords

Carriers - Carriage of goods by road - International carriage - Loss of cargo - Wilful misconduct of carrier - Limitation of compensation for loss of cargo.

The Case

On the evidence, the claimant had failed to establish that the accident, in which its goods were destroyed when the lorry transporting them left the road, was caused by sudden and unexpected brake failure due to a lack of maintenance. It followed that it had failed to establish wilful misconduct on the part of the defendant carrier, and, accordingly, the limitation on recoverable compensation for the loss of the goods in the Convention on the Contract for the International Carriage of Goods by Road applied.

Practice Areas

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