The transportation of goods by sea, air, land (rail and road), or a combination of these.
The phrase carriage of goods usually denotes the first and the last of a series of operations that constitute a carriage by the particular mode of transport. Arranging the carriage of the goods will be the obligation of either the seller or the buyer, as specified in the contract of sale and purchase.
This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the carrier and measure of damages under the common law and the conventions. The Warsaw Convention and Montreal Convention (and the various versions of each) are explained, an explanation of how to work out which convention applies is provided and limitation of liability, jurisdiction and time bars under the conventions are also discussed. The Practice Note also provides an introduction to cargo documentation requirements and liability for loss, damage or delay to cargo.Carriers of goods by air may be liable under:•common law•international conventions•EU regulationsThis Practice Note provides an introduction to a large and complex topic that is dealt with in detail in Shawcross & Beaumont: Air Law. The focus on this Practice Note is on the common law and to a greater extent, to the conventions governing international carriage by air.Common lawAt common law, a carrier may be liable:•on the basis of express or implied terms in the contract of carriage•as a bailee of the goods•in negligence and/or as occupiersContract and negligenceNormal contractual and negligence principles will need little further explanation in this Practice Note. Examples of claims include loss, damage or delay to cargo caused by:•the aircraft being unfit for the
This Practice Note provides a summary of the law relating to the carriage of goods by rail as provided for in the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). It explains the scope of application of CIM, the contract of carriage under CIM, how liability is apportioned under CIM, time bars and jurisdiction. See: Uniform rules concerning the contract for international carriage of goods by rail (CIM): Encyclopaedia of Forms and Precedents .International carriage by rail is governed by the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) (the Rules). The Rules are enacted under the auspices of the Convention concerning International Carriage by Rail (COTIF), which is given the force of law in the United Kingdom by the Railways (Convention on International Carriage by Rail) Regulations 2005, SI 2005/2092.Scope of applicationUnder article 1, CIM applies:•to carriage for reward (and not gratuitous carriage)•to every contract for the carriage of goods by rail where◦the taking over of the goods and the place of delivery are situated in two member states◦the taking over of the goods and the place of delivery are situated in two different countries, at least one being a member state and the parties agree that the rules shall apply•irrespective of the nationality or
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Can a Standard National operator licence holder apply for an International Standard operator licence and if so, how? Standard National operator licences and International Standard operator licences Under the Goods Vehicles (Licensing of Operators) Act 1995, there are three types of goods vehicle operator's licence: • a standard international licence for national and international haulage operations carrying goods for hire or reward, or • a standard national licence for national haulage operations only, carrying goods for hire or reward, and • a restricted licence for the carriage of goods on the licence holder’s own account in connection with their business A standard licence is an operator's licence under which a goods vehicle may be used on a road for the carriage of goods for hire, reward or in connection with a business. A restricted licence permits the use of a goods vehicle on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward. General haulage companies or delivery businesses tend to hold standard licences as the very nature of their business means that they are hauling goods for other people in return for payment. However, companies such as retailers carrying their own goods to their stores for onward sale, or manufacturers transferring their own goods between sites would
What are the requirements for a transport manager for holders of standard operator licences? This Q&A refers to standard operators licences under the Goods Vehicles (Licensing of Operators) Act 1995 (GV(LO)A 1995). The obligation to hold an operator's licence is contained in GV(LO)A 1995 which creates a prohibition in GV(LO)A 1995, s 2 on the use of a goods vehicle on a road for the carriage of goods for hire, reward to in connections with a trade or business without an operator’s licence. For further guidance see: Goods vehicle licensing—overview. A standard licence is an operator's licence under which a goods vehicle may be used on a road for the carriage of goods for hire, reward or in connection with a business. A restricted licence permits the use of a goods vehicle on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward. For further guidance, see Practice Note: Goods vehicle licensing. Transport manager The requirements of a standard licence are set out in GV(LO)A 1995, ss 13A, 13C–13D and Sch 3 (as amended by the Road Transport Operator Regulations 2011, SI 2011/2632). The second requirement is that there must be a designated transport manager in accordance with Article 4 of Regulation (EC) No 1071/2009 who: ‘(a)
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This week's edition of Commercial weekly highlights includes: analysis of the High Court decision in Knapfield v C.A.R.S considering the limitation of liability under the CGRA 1965 and CRM for the damage to classic cars whilst in transportation, news of the Court of Appeal decision in Spire Property Development LLP and another v Withers LLP concerning a breach of contract, news of the High Court decision in Contra Holdings Ltd v Bamford considering implied terms, and news of the High Court judgment in Kelly and another v Baker and another which held that no fiduciary duty arose in a dispute over the sale of two companies.
Commercial analysis: The quantum of damages for damage done to the claimant’s valuable classic cars, while being transported by the defendant from France to England, was limited by the Carriage of Goods by Road Act 1965 (CGRA 1965) and the CMR Convention (CMR). The claimant attempted to avoid the limitation of liability provisions in CMR by a number of alternative arguments including an allegation of wilful misconduct against the carrier. The court rejected all of those attempts and thus limited the recoverable damages to a tiny fraction of the actual financial loss suffered. The judgment will be particularly helpful to practitioners seeking to identify the elements which need to be proved to establish wilful misconduct against carriers. Negligence on its own, even perhaps reckless carelessness, will not be sufficient. Written by James Stuart, barrister at Lamb Chambers, Temple, London.
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