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Royal and Sun Alliance and another -v- MK Digital a nd others

17th May 2006

[2006] 2 Lloyd’s Rep. 110

Stephen Kenny acted (ultimately unsuccessfully) for claimants seeking to sustain English jurisdiction in relation to a claim of non-liability by a French road transport operator.

Conflict of laws – Jurisdiction – Carriage of goods by road – Consignment of mobile phones stolen en route from Paris to Calais for subsequent export – Application by carrier and liability insurers for declaration that dispute governed by jurisdictional rules in CMR Convention, article 31 – Whether contract one for international carriage of goods by road – Whether English court first seised of proceedings

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