HATZL AND ANOTHER v XL INSURANCE CO LTD

[2009] 1 Lloyd's Rep. 555

COURT OF APPEAL

Before Lord Justice Rix, Lord Justice Jacob and Lord Justice Lawrence Collins

Carriage by road - CMR - Jurisdiction - Goods lost in transit between Austria and Italy - Carriers bringing proceedings in England against parties to contract of carriage and assignees/insurers - England not having any connection with matters in dispute other than being principal place of business of assignees/insurers - Whether court had jurisdiction - Whether assignees/insurers "the defendant" - CMR article 31(1)(a)