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Datec Electronic Holdings Ltd -v- UPS

16th May 2007

[2007] 2 Lloyd’s Rep. 114; [2006] 1 Lloyd’s Rep. 279; [2005] 1 Lloyd’s Rep. 470; [2007] 1 WLR 1325; [2007] 4 All ER 765; [2007] 2 All ER (Comm) 1067; [2006] 2 All ER (Comm) 350

Charles Priday acted in this House of Lords decision on the effect of UPS terms prohibiting the shipment of dangerous goods, wilful misconduct and the circumstances in which the Court of Appeal can overturn the trial judge’s findings of fact.

Carriage of goods by road – Consignment of goods to be carried from England to The Netherlands – Goods failing to arrive – Claim against carriers – Amount of liability – Whether contract of carriage – Whether loss caused by wilful misconduct of carriers’ employee – Convention on the Contract for the International Carriage of Goods by Road (CMR), articles 17, 23, 29 and 41.

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