HFW Briefing: English jurisdiction up in smoke!

English jurisdiction up in smoke!

British American Tobacco Denmark A/S and others (Respondents) v Kazemier Transport BV (Appellant) and British American Tobacco Switzerland SA (Respondents) v H Essers Security Logistics BV and another (Appellants).

In a landmark ruling, the Supreme Court has firmly rejected the ability of cargo interests to found jurisdiction in England against successive carriers within the meaning of the Convention on the Contract for the International Carriage of Goods by Road 1965 (CMR) in relation to thefts from two cargo containers, by relying on the presence in England of, and the proceedings against, the main contractor and/or upon the clause in the main contract providing for English jurisdiction.

The outcome is anticipated to have huge repercussions for the industry, particularly against the background that English law and English jurisdiction provide an advantage in respect of duties/taxes recoverable in CMR claims against carriers.
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