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

[2006] Lloyd's Rep Plus 55

COURT OF APPEAL

Before Lord Justice Auld Lord Justice Rix, and Lord Justice Maurice Kay

Conflict of laws – Jurisdiction – Carriage of goods by road – Consignment of mobile phones stolen en route from Paris to Calais for subsequent export – Application by carrier and liability insurers for declaration that dispute governed by jurisdictional rules in CMR Convention, article 31 –Whether contract one for international carriage of goods by road – Whether English court first seised of proceedings – Jurisdiction under Brussels Convention 1968, articles 2, 5 and 53 – Carriage of Goods by Road Act 1965 – Civil Jurisdiction and Judgments Act 1982, section 42.