Rosewood Trucking Ltd. v Balaam [2005] EWCA Civ 1461 (04 November 2005)

Rosewood Trucking Ltd. v Balaam [2005] EWCA Civ 1461 (04 November 2005)

A payment made by a carrier to another carrier under a private contract, and not in compliance with the provisions of the CMR Convention, does not entitle the paying carrier to recover from the carrier responsible for the loss under Article 37 of the Convention.

Citation
[2005] EWCA Civ 1461
Parties
Claimant/appellant: Rosewood Trucking Ltd; Defendant/respondent: Brian Balaam
Jurisdiction
England and Wales
Judgment Date
04 November 2005
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
CMR Convention, Successive Carriers, Indemnity, Contractual Liability, Subrogation
Transport Law Contract Law International Law CMR Convention Successive Carriers Indemnity Contractual Liability Subrogation

Case Brief

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Parties

Rosewood Trucking Ltd

Claimant/appellant

Brian Balaam

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a carrier who indemnified another carrier under a sub-contract can recover compensation from the carrier responsible for the loss under Article 37 of the CMR Convention.

Ratio Decidendi

A payment made by a carrier to another carrier under a private contract, and not in compliance with the provisions of the CMR Convention, does not entitle the paying carrier to recover from the carrier responsible for the loss under Article 37 of the Convention.

Court Disposition

Appeal dismissed

Orders

  • Costs assessed in the sum of £5,750, reduction made as to the solicitors' rather than counsel's fees.