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Laceys Footwear (Wholesale) Ltd. –v- Bowler International Freight Ltd. And Another

18th Apr 1997

[1997] 2 Lloyd’s Rep. 369

David Bailey acted for the defendant – carriage by road – wilful misconduct – limitation of liability

Carriage by road – CMR – Limitation of liability – Carriage of consignment of goods from Alicante to London – Consignment stolen – Carriers failed to effect insurance – Plaintiffs claimed damages – Whether plaintiffs had proved wilful misconduct on part of carriers’ driver in allowing vehicle to be diverted – Whether defendants’ liability limited or fixed by CMR terms – Whether carriers’ terms and conditions applied to contract of carriage – Whether carriers entitled to limit liability despite failure to insure goods

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