Huawei Technologies (UK) Ltd & Anor v DSV Solutions Ltd [2023] EWHC 1505 (Comm) (23 June 2023)

Huawei Technologies (UK) Ltd & Anor v DSV Solutions Ltd [2023] EWHC 1505 (Comm) (23 June 2023)

The Netherlands court was a competent court under Article 31.1 of the CMR Convention and rendered an enforceable judgment on the same grounds as the English claim, determining the claim time-barred. Article 31.2 precludes the claimants from bringing further proceedings in England in contract or tort for the same loss. The CMR Convention's limitation period applies and is not displaced by the Limitation Act 1980. The claimants have no real prospect of success and summary judgment is granted for the defendant.

Citation
[2023] EWHC 1505 (Comm)
Parties
Claimant: Huawei Technologies (UK) Limited; Claimant: China Pacific Property Insurance Co Ltd.; Defendant: DSV Solutions Limited
Jurisdiction
England and Wales
Judgment Date
23 June 2023
Procedural Posture
Commercial Claim (contract and Tort) / Summary Judgment/strike Out Application
Outcome
Summary judgment for the defendant; claim dismissed.
Legal Topics
CMR Convention, Limitation Periods, Jurisdiction, Foreign Judgments, Carriage of Goods by Road, Summary Judgment
Commercial Law Transport Law Conflict of Laws CMR Convention Limitation Periods Jurisdiction Foreign Judgments Carriage of Goods by Road +1 more

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Parties

Huawei Technologies (UK) Limited

Claimant

China Pacific Property Insurance Co Ltd.

Claimant

DSV Solutions Limited

Defendant

Procedural Posture

Commercial Claim (contract and Tort) / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the CMR Convention and a prior Netherlands judgment preclude the claimants from bringing contractual or tortious claims in England for loss of goods during international carriage.
  2. 2 Whether the Netherlands judgment is 'enforceable' and on the 'same grounds' under Article 31.2 of the CMR Convention, thus barring the English proceedings.
  3. 3 Whether the limitation period under the CMR Convention or the Limitation Act 1980 applies.

Ratio Decidendi

The Netherlands court was a competent court under Article 31.1 of the CMR Convention and rendered an enforceable judgment on the same grounds as the English claim, determining the claim time-barred. Article 31.2 precludes the claimants from bringing further proceedings in England in contract or tort for the same loss. The CMR Convention's limitation period applies and is not displaced by the Limitation Act 1980. The claimants have no real prospect of success and summary judgment is granted for the defendant.

Court Disposition

Summary judgment for the defendant; claim dismissed.

Orders

  • Claim struck out and/or summary judgment entered for DSV Solutions Limited.