Mar -Train Heavy Haulage Ltd v Shipping.Dk Chartering A/S (t/a Frank&tobiesen A/S) & Ors

Mar -Train Heavy Haulage Ltd v Shipping.Dk Chartering A/S (t/a Frank&tobiesen A/S) & Ors

Mar-Train has a much better argument that ALS acted as F&T’s agent and that the RHA 1998 and BIFA 2005 terms, including English jurisdiction clauses, applied. The Operation Manual, describing ALS as agent for F&T and not objected to by F&T, is decisive. Therefore, the application to set aside service and contest jurisdiction fails.

Parties
Claimant: Mar-Train Heavy Haulage Limited; Defendants: Shipping. DK Chartering A/S (trading as Frank & Tobiesen A/S) and four others
Jurisdiction
England and Wales
Judgment Date
20 February 2014
Procedural Posture
Commercial Court Application / Application to Set Aside Service and Contest Jurisdiction
Outcome
Application dismissed
Legal Topics
Jurisdiction, Agency, Contractual Terms, Article 23 Brussels Regulation
Civil Procedure Private International Law Commercial Law Jurisdiction Agency Contractual Terms Article 23 Brussels Regulation

Case Brief

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Parties

Mar-Train Heavy Haulage Limited

Claimant

Shipping. DK Chartering A/S (trading as Frank & Tobiesen A/S) and four others

Defendants

Procedural Posture

Commercial Court Application / Application to Set Aside Service and Contest Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction under Article 23 of Regulation (EU) 44/2001 based on alleged jurisdiction clauses in standard terms
  2. 2 Whether ALS acted as agent for F&T when contracting with Mar-Train
  3. 3 Whether there is a good arguable case that F&T consented to English jurisdiction

Ratio Decidendi

Mar-Train has a much better argument that ALS acted as F&T’s agent and that the RHA 1998 and BIFA 2005 terms, including English jurisdiction clauses, applied. The Operation Manual, describing ALS as agent for F&T and not objected to by F&T, is decisive. Therefore, the application to set aside service and contest jurisdiction fails.

Court Disposition

Application dismissed

Orders

  • Application to set aside service of the claim form and for a declaration that the Court has no jurisdiction is refused.