MR PAUL KNAPFIELD v C.A.R.S HOLDINGS LIMITED & ORS.

MR PAUL KNAPFIELD v C.A.R.S HOLDINGS LIMITED & ORS.

The contract of carriage was between Peter Auto and CARS; CMR applies and limits liability; no declaration of value or special interest was made; no wilful misconduct proved; no enforceable promise or misrepresentation overriding CMR limitation; Claimant's recovery is limited to SDR 23,490.60.

Parties
Claimant: Mr Paul Knapfield; Defendant: C. A. R. S Holdings Limited; Defendant: Cars Motorsport Limited; Defendant: C. A. R. S UK Shipping Limited; Defendant: C. A. R. S United Kingdom Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2022
Procedural Posture
Commercial Claim / Final Judgment
Outcome
Claim limited by CMR to SDR 23,490.60
Legal Topics
CMR Convention, Limitation of Liability, Wilful Misconduct, Misrepresentation, Diminution in Value, Insurance Coverage
International Carriage of Goods Contract Law Tort Law CMR Convention Limitation of Liability Wilful Misconduct Misrepresentation Diminution in Value +1 more

Case Brief

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Parties

Mr Paul Knapfield

Claimant

C. A. R. S Holdings Limited

Defendant

Cars Motorsport Limited

Defendant

C. A. R. S UK Shipping Limited

Defendant

C. A. R. S United Kingdom Limited

Defendant

Procedural Posture

Commercial Claim / Final Judgment

Legal Issues

  1. 1 Whether CMR Convention limits liability for damage to vehicles
  2. 2 Whether wilful misconduct removes limitation
  3. 3 Whether misrepresentation or subsequent agreement overrides CMR limitation

Ratio Decidendi

The contract of carriage was between Peter Auto and CARS; CMR applies and limits liability; no declaration of value or special interest was made; no wilful misconduct proved; no enforceable promise or misrepresentation overriding CMR limitation; Claimant's recovery is limited to SDR 23,490.60.

Court Disposition

Claim limited by CMR to SDR 23,490.60

Orders

  • Claim against Second Defendant succeeds only up to CMR limit
  • Claim against other Defendants dismissed