The following Commercial practice note Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court provides comprehensive and up to date legal information covering:
This Practice Note considers the regimes covering carriage of goods by road both in the UK with no international element and also overseas where there is an element of international carriage of goods under the Convention on the Contract for the International Carriage of Goods by Road (CMR Convention). It explains the liability of the carrier and measure of damages at common law, and the interplay with widely used hauliers’ standard terms. The CMR convention is explained, an explanation of multimodal transport is provided and limitation of liability, jurisdiction and time bars under the CMR Convention are also discussed. The Practice Note also provides an introduction to the consignment note, liability for loss or delay in transit and the defences available to the carrier.
This Practice Note will consider the regimes covering:
carriage of goods by road within the jurisdiction
international carriage of goods under the CMR Convention
In relation to carriage within the jurisdiction, the Practice Note outlines approaches to incorporation of standard terms and exclusion or limitation of liability by carriers. The focus will, however, be on the international carriage of goods under the CMR Convention, in light of its relative complexity.
Carriage of goods by road frequently involves storage of goods (whether prior to, during or at the end of the carriage). Storage may involve the carrier performing packaging and warehousing services and, in
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This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
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This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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