Scottish & Newcastle International Ltd v Othon Ghalanos Ltd [2006] EWCA Civ 1750 (20 December 2006)

Scottish & Newcastle International Ltd v Othon Ghalanos Ltd [2006] EWCA Civ 1750 (20 December 2006)

In a CFR/C&F contract governed by English law, absent an express term to the contrary, delivery occurs at the port of shipment. Therefore, for the purposes of Article 5(1)(b) of Regulation (EC) No 44/2001, the English courts have jurisdiction as the place of delivery was Liverpool, not Limassol.

Citation
[2006] EWCA Civ 1750
Parties
Claimant/respondent: Scottish & Newcastle International Ltd; Defendant/appellant: Othon Ghalanos Ltd
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Jurisdictional Challenge
Outcome
Appeal dismissed
Legal Topics
Jurisdiction Under Brussels Regulation, International Sale of Goods, Interpretation of Cfr/c&f Contracts, Place of Delivery Under Article 5(1)(b)
Private International Law Commercial Law Jurisdiction Under Brussels Regulation International Sale of Goods Interpretation of Cfr/c&f Contracts Place of Delivery Under Article 5(1)(b)

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Parties

Scottish & Newcastle International Ltd

Claimant/respondent

Othon Ghalanos Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Whether English courts have jurisdiction under Article 5(1)(b) of Regulation (EC) No 44/2001 for a claim for the price of goods sold CFR Limassol
  2. 2 Whether the place of delivery under the contract was Liverpool (shipment) or Limassol (destination)

Ratio Decidendi

In a CFR/C&F contract governed by English law, absent an express term to the contrary, delivery occurs at the port of shipment. Therefore, for the purposes of Article 5(1)(b) of Regulation (EC) No 44/2001, the English courts have jurisdiction as the place of delivery was Liverpool, not Limassol.

Court Disposition

Appeal dismissed

Orders

  • English courts have jurisdiction over the claim for the price of goods under Article 5(1)(b) of Regulation (EC) No 44/2001