The “Sea Maas” - QBD (Admlty Ct)(Rix J) - 10 June 1999

Civil Jurisdiction Convention - Whether consignees under bills of lading entitled to sue shipowners in England - Nature of “the obligation in question” within meaning of article 5(1) of Convention in context of bill of lading cargo claim

The claimants were the Italian consignees of cargo of steel coils carried on the defendants’ vessel Sea Maas from Newport, Wales to Anzio and La Spezia in Italy. The claimants alleged wetting damage to the cargo. The defendants were domiciled in Holland. The issue was whether, for the purpose of the Civil Jurisdiction Convention 1968, the claimants had to sue the defendants in Holland under the general jurisdiction contained in article 2, or whether they could obtain jurisdiction in England on the basis of the special jurisdiction in article 5(1), which provided that a person domiciled in a Contracting State might, in another Contracting State, be sued: