ROYAL & SUN ALLIANCE INSURANCE PLC AND ANOTHER v MK DIGITAL FZE (CYPRUS) LTD AND OTHERS

[2005] 2 Lloyd's Rep. 679

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Aikens

Carriage by road - CMR - Jurisdiction - Second defendant contracted with second claimant for carriage of second defendant’s goods from France - Second claimant understood goods to be carried to UK - Goods lost during transit in France - Claimants bringing proceedings in England for declaration of non-liability - Second defendant bringing proceedings in France asserting second claimant in breach of contract - Second defendant applying to set aside or stay English proceedings - Whether second claimant CMR carrier or freight forwarder - Whether “place designated for delivery” was UK or Italy - Whether action “pending” in France - Whether French and English actions involved same cause of action or related claims - Whether doctrine of forum non conveniens applicable - CMR article 31; EC Council Regulation 44 of 2001, articles 27, 28 and 30.