WESTMINSTER BANK, LTD. v. IMPERIAL AIRWAYS, LTD.

(1936) 55 Ll.L.Rep. 242

KING'S BENCH DIVISION.

Before Mr. Justice Lewis.

Carriage by air-Loss of gold bars-Delivery to defendants for carriage from London to Paris-Stolen from strong room at Croydon Airport-Liability of defendants - International carriage - Form of consignment note-Condition in consignment note: "These general conditions are based upon the Convention of Warsaw of Oct. 12, 1929" (which Convention was given force of law by Carriage by Air Act, 1932)- Whether consignment note satisfied requirements of Art. 8, of first schedule to Act, which provided: "The air consignment note shall contain the following particulars . . . (q) a statement that the carriage is subject to the rules relating to liability established by this Convention" -Right of defendants to limit liability-Whether plaintiffs made special declaration of value or made supplementary payment-Preliminary questions for Court: (1) Whether the consignment note ref erred to in the pleadings satisfied the requirements of Art. 8 (q) of the Convention set out in the First Schedule of the Carriage by Air Act, 1932? (2) If not, whether the defendants have any defence to the plaintiffs' claim? (3) If the consignment note does satisfy the requirements of Art. 8 (q) of the said Convention, whether the defendants' liability is in any event limited to 250 f. per kilogram? (4) Whether there was within the meaning of Art. 22 (2) of the First Schedule to the Carriage by Air Act, 1932, a special declaration of value and supplementary payment made as alleged in the reply, and, if so, what is the effect thereof in law? (5) On the answers to the foregoing questions, what measure of damages, if any, is applicable?-Carriage by Air Act, 1932, Schedule I, Arts. 1 (2), 5, 9, 18, 20, 22 (2), 23, 25 (1) and 33.