T Comedy (UK) Ltd v Easy Managed Transport Ltd

T Comedy (UK) Ltd v Easy Managed Transport Ltd

The RHA conditions were not incorporated into the carriage contracts due to the existence of an 'official' agreement that did not reference them. Even if incorporated, a general lien is void under the CMR Convention. Title in the garments remained with TCL under Turkish law. EMT had no general or particular lien for carriage charges due to non-compliance with CMR requirements, but had a limited lien for warehouse services under the RHA conditions of storage. TCL is liable under its cross-undertaking only for the reasonable charges for warehouse services and preparation for delivery, less damages for wrongful detention.

Parties
Claimant: T. Comedy (U.K.) Limited; Defendant: Easy Managed Transport Limited
Jurisdiction
England and Wales
Judgment Date
28 March 2007
Procedural Posture
Commercial Dispute / Trial Judgment
Outcome
Partially in favour of Claimant (TCL)
Legal Topics
Lien, Carriage of Goods by Road (cmr Convention), Title to Goods, Incorporation of Standard Terms, Damages for Wrongful Interference
Commercial Law International Trade Law Contract Law Lien Carriage of Goods by Road (cmr Convention) Title to Goods Incorporation of Standard Terms Damages for Wrongful Interference

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Parties

T. Comedy (U.K.) Limited

Claimant

Easy Managed Transport Limited

Defendant

Procedural Posture

Commercial Dispute / Trial Judgment

Legal Issues

  1. 1 Were the RHA Conditions incorporated into the contracts between EMT and Bates/Whisper?
  2. 2 Whose property were the garments at the time the lien was invoked?
  3. 3 Are the RHA conditions creating contractual rights of general and particular lien consistent with the CMR Convention?

Ratio Decidendi

The RHA conditions were not incorporated into the carriage contracts due to the existence of an 'official' agreement that did not reference them. Even if incorporated, a general lien is void under the CMR Convention. Title in the garments remained with TCL under Turkish law. EMT had no general or particular lien for carriage charges due to non-compliance with CMR requirements, but had a limited lien for warehouse services under the RHA conditions of storage. TCL is liable under its cross-undertaking only for the reasonable charges for warehouse services and preparation for delivery, less damages for wrongful detention.

Court Disposition

Partially in favour of Claimant (TCL)

Orders

  • TCL to pay EMT £2,626.09 for warehouse services and preparation for delivery under the cross-undertaking.
  • TCL awarded £600 damages for wrongful interference, to be set off against the above sum.