British American Tobacco Switzerland S.A. & Ors v Exel Europe Ltd

British American Tobacco Switzerland S.A. & Ors v Exel Europe Ltd

Where jurisdiction is established in England over the primary carrier under Article 31.1 of the CMR, the sender or consignee may join successive carriers (first, last, or performing) in the same action under Article 36, without needing to establish jurisdiction separately against each. This purposive interpretation aligns with the structure and objectives of the CMR and avoids unnecessary multiplicity of proceedings.

Parties
Appellants/claimants: British American Tobacco Switzerland S.A. and others; Appellants/claimants: British American Tobacco Denmark A/S and others; Defendant/respondent: Exel Europe Ltd; Defendants/respondents: H Essers Security Logistics B.V. and H Essers Transport Company Nederland B.V.; Defendant/respondent: Kazemier Transport B.V.
Jurisdiction
England and Wales
Judgment Date
30 October 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Jurisdiction Under CMR Convention, Successive Carriers Liability, Joinder of Parties, Interpretation of International Conventions
International Transport Law Civil Procedure Jurisdiction Under CMR Convention Successive Carriers Liability Joinder of Parties Interpretation of International Conventions

Case Brief

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Parties

British American Tobacco Switzerland S.A. and others

Appellants/claimants

British American Tobacco Denmark A/S and others

Appellants/claimants

Exel Europe Ltd

Defendant/respondent

H Essers Security Logistics B.V. and H Essers Transport Company Nederland B.V.

Defendants/respondents

Kazemier Transport B.V.

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether English courts have jurisdiction under the CMR Convention to hear claims against successive carriers when jurisdiction is established over the primary carrier
  2. 2 Interpretation of Articles 31 and 36 of the CMR regarding joinder and jurisdiction over multiple carriers

Ratio Decidendi

Where jurisdiction is established in England over the primary carrier under Article 31.1 of the CMR, the sender or consignee may join successive carriers (first, last, or performing) in the same action under Article 36, without needing to establish jurisdiction separately against each. This purposive interpretation aligns with the structure and objectives of the CMR and avoids unnecessary multiplicity of proceedings.

Court Disposition

Appeal allowed

Orders

  • Declaration that English courts have jurisdiction over BAT’s claims against Essers and Kazemier in the respective actions.