Source: All England Reporter
Publisher Citation: [2005] All ER (D) 159 (Nov)
Neutral Citation: [2005] EWHC 2289 (Comm)
Court: Queen's Bench Division (Commercial Court)
Judge:

Christopher Clarke J

Representation John Russell (instructed by Clyde & Co) for the claimants.
  Michael McLaren QC (instructed by Holmes Hardingham) for the defendant.
Judgment Dates: 9 November 2005

Catchwords

Carriage by air - Limitation of carrier's liability - Consignment being stolen - Whether air way bill complying with notice requirements - , Sch 1, art 8(c). .

The Case

The notice requirements of art8(c) of the Warsaw Convention with the amendments made by the Hague Protocol (Warsaw-Hague), as set out in Sch1 to the required there to be what was recognisable as 'a notice', ie a discrete form of words warning the reader of the potential applicability of the Convention and its effect, namely to govern and limit liability.

Practice Areas

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