Source: All England Reporter
Publisher Citation: [2005] All ER (D) 385 (Nov)
Neutral Citation: [2005] EWCA Civ 1418
Court: Court of Appeal, Civil Division

Brooke, Sedley and Richards LJJ

Representation Matthew Reeve (instructed by Clyde & Co) for the claimants.
  Julian Flaux QC and Charles Priday (instructed by Barlow Lyde & Gilbert) for the defendant.
Judgment Dates: 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).

The Case

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