EURO CELLULAR (DISTRIBUTION) PLC v. DANZAS LTD. t/a DANZAS AEI INTERCONTINENTAL AND ANOTHER [2003] EWHC 3161 (Comm)

[2004] 1 Lloyd's Rep. 521

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Nigel Teare, Q.C. sitting as a Deputy Judge of the High Court

Contract - Bailment - Defendants shipped claimants’ mobile phones from Croydon to Barcelona warehouse to be held to claimants’ order pending authorization for release to consignees - Goods went missing from warehouse - Whether defendants entitled to limit liability - Contract of bailment provided for defendants’ liability to be limited where loss caused by certain events but not where goods negligently released without proper authorization - Whether goods negligently released by defendants or stolen from warehouse - Burden of proof.