||All England Reporter
|| All ER (D) 385 (Nov)
|| EWCA Civ 1418
||Court of Appeal, Civil Division
Brooke, Sedley and Richards LJJ
||Matthew Reeve (instructed by Clyde & Co) for the claimants.
||Julian Flaux QC and Charles Priday (instructed by Barlow Lyde & Gilbert) for the defendant.
||29 November 2005
Carriers - Loss or damage to goods - Determination of carrier's liability - Limitation of liability disapplied where non-delivery caused by wilful misconduct of carrier - Whether judge correct limitation of liability applied because loss of goods not caused by theft - Whether terms and conditions of carriage null and void where derogating from terms of Convention - , Sch, arts 23, 29, 41(1).
In an action against the carriers of a consignment of computer goods, the claim succeeded, and as the theft by one or more of the carrier's employees was the probable cause of the loss of the consignment, that led to a finding of wilful misconduct within art29 of the Convention on the Contract for the International Carriage of Goods by Road, as set out in the Schedule to the and the consequential disapplication of the limit imposed by art23 on the carrier's liability.
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