Source: All England Reporter
Publisher Citation: [2008] All ER (D) 294 (Feb)
Neutral Citation: [2008] UKHL 11
Court: House of Lords

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood, Lord Mance and Lord Neuberger of Abbotsbury

Representation Richard Lord QC (instructed by Thomas Eggar, Crawley) for the buyers.
  Michael Bools (instructed by Kimbells LLP, Milton Keynes) for the sellers.
Judgment Dates: 20 February 2008


Conflict of laws - Jurisdiction - Civil and commercial matters - Contract of sale - Place of delivery of goods - Carriage of goods by sea - Consignment of cider sold on terms cfr Limassol - Whether contract fob contract - Whether place of delivery port where goods shipped or Limassol - Council Regulation (EC) 44/2001, art 5

The Case

A contract on fob terms involved delivery upon shipment, for every relevant sense under art 5(1)(b) of Council Regulation (EC) 44-2001. The fact that the buyer would not in practice inspect the goods until after their arrival in Cyprus counted for nothing. It was commonplace in international sales. The agreement for payment 90 days after arrival was no more than a relaxed payment regime with no significance in relation to the place of delivery.

Practice Areas

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