Archive for the 'carriage of goods' Category

UK authorities’ inability to seize counterfeits results in EU court referral – OUT-LAW.com

“The Court of Appeals has asked Europe’s highest court to rule on whether UK authorities can seize counterfeit goods passing through the UK and allow brand owners to take legal action against the companies behind the fakes.”

Full story

OUT-LAW.com, 27th January 2010

Source: www.out-law.com

Hatzl and Another v XL Insurance Co Ltd – Times Law Reports

Hatzl and Another v XL Insurance Co Ltd

Court of Appeal

“On a proper construction of article 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road, scheduled to the Carriage of Goods by Road Act 1965, a dispute did not become justiciable in England merely by the fact that an assignor of one of the contracting parties happened to be domiciled in England if that was the only connection with the jurisdiction.”

The Times, 16th April 2009

Source: www.timesonline.co.uk

Hatzl and another v XL Insurance Co Ltd – WLR Daily

Hatzl and another v XL Insurance Co Ltd [2009] EWCA Civ 223; [2009] WLR (D) 99

The word ‘defendant’ in art 31(1)(a) of the Convention on the Contract for the International Carriage of Goods by Road should be interpreted purposively so as to extend to the parties to the contract and to other parties to whom the convention ascribed rights and duties, but not to include an assignee, even if he was also an insurer. An assignee of rights under the convention was to be treated as standing in the shoes of his assignor. He had no different rights to be sued in a particular forum than his assignor.”

WLR Daily, 19th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency – Times Law Reports

Romantiek Transport BVBA and Others v Vehicle and Operator Services Agency

Court of Appeal

“A Belgian road haulier’s licence empowered a licensed haulier to engage in temporary road haulage in the United Kingdom but any full-time operation in the UK was illegal without a current licence granted by the UK licensing authority.”

The Times, 3rd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Romantiek Transport BVBA & others v Vehicle and Operator Services Agency – WLR Daily

Romantiek Transport BVBA & others v Vehicle and Operator Services Agency [2008] EWCA Civ 534; [2008] WLR (D) 156

“A Community authorisation granted by a member state within Council Regulation (EEC) No 3118/93, which entitled a road haulage carrier to operate on a temporary basis national road haulage services in another member state (‘cabotage’), did not have the effect of enabling such a carrier to operate permanently in the UK without a current UK licence pursuant to s 2 of the Goods Vehicles (Licensing of Operators) Act 1995.”

WLR Daily, 19th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd. – Times Law Reports

Contract valid despite nonconformity

Datec Electronics Holdings Ltd. and Another v. United Parcels Services Ltd.

House of Lords

“When a carrier accepted packages for transportation by road to another country, and the undertaking was performed to an extent, then there was a contract of carriage even if the carrier had unknowingly accepted packages which did not conform to its terms and conditions of carriage. Therefore the Convention on the Contract for the International Carriage of Goods by Road applied.”

The Times, 18th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.


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