20 Dec 2005
ERICSSON LTD AND ANOTHER v. KLM ROYAL DUTCH AIRLINES AND OTHERS
- Citation
- ERICSSON LTD AND ANOTHER v. KLM ROYAL DUTCH AIRLINES AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCL202/1999
On the balance of probabilities the court found both thefts involved inside involvement by HACTL employees; that finding satisfied Article 25 intent limb enabling plaintiffs to break Article 22 limits; the AWC/Guadalajara do not preclude concurrent common law claims against agents where domestic law creates liability; plaintiffs' writ indorsements were sufficiently broad to stop time under Article 29; KLM (actual carrier) and ASG Sweden (contracting carrier) were liable and may not invoke Article 22 limits for these losses; HACTL must indemnify KLM and ASG Sweden under their contractual arran…