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Matrix Europe Limited (In Liquidation) -v- Uniserve Northern Limited

8th May 2009

[2009] 1 Lloyd’s Law Reports Plus 82

Charles Priday and Sushma Ananda acted for the claimant in respect of a bailment dispute involving the theft of Bluetooth adaptors from a warehouse.

Carriage of goods by road – Sub-bailment – Freight forwarder contracting to carry cargo of mobile telephone adaptors from shipper’s premises to airport and thence by air to Hong Kong – Subcontractor mistakenly delivering goods to third party’s premises near airport – Third party accepting goods as sub-bailee – Goods stolen the following day – Shipper bringing proceedings against third party and freight forwarder – Whether third party failed to exercise reasonable care – Whether failure to exercise reasonable care caused shipper’s loss – Whether BIFA terms applied – Whether third party entitled to indemnity from freight forwarder.