Cummins Engine Co. Ltd –v- Davis Freight Forwarding (Hull) Ltd.

Gavin Kealey QC

[1981] 1 WLR 1363; [1981] 2 Lloyd’s Rep. 402; [1981] 2 Lloyd’s Rep. 106; [1981] 3 All ER 567

Gavin Kealey – Practice – Third party proceedings – Service out of jurisdiction – CMR contract for shipment of diesel engines from Scotland to Amsterdam – Goods shipped to Europoort by English carriers – Dutch carriers responsible for on-carriage of goods to Amsterdam – Accident causing loss while goods in possession, of one carrier – Action for damages in England – Writ served only on English carrier – Whether English carrier entitled to serve third party notices on Dutch carriers – Carriage of Goods by Road Act 1965 (c. 37), Sch., art. 39 – R.S.C., Ord. 11, r. 1 (1) (l)

Statute – Construction – International Convention – Enforcement of carriers’ right of recovery against other carriers – Competent court or tribunal – Court or tribunal where “one of the carriers concerned” ordinarily resident or carries on business – Meaning – Whether English carrier sued in England entitled to recover from Dutch carriers in English court – Carriage of Goods by Road Act 1965, Sch., arts. 37 (a), 39, para. 2

Date added: March 6th, 1981


Area of Expertise

Jurisdiction / conflicts of law