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Lloyd's Maritime Law Newsletter

Arctic Electronics Co. (U.K.) Ltd. v. McGregor Sea & Air Services Ltd. - Q.B.D. (Com.Ct.) (Hobhouse J.) - 25 June 1985

Order 11 - Whether foreign based carrier can be served out of the jurisdiction

The plaintiffs, a Scottish company, bought 200 video game machines made in Taiwan. They employed the defendants, an English company, to arrange carriage from Taipei to Edinburgh. Some of the goods were alleged to have been damaged during carriage from Luxembourg to London. The defendants had employed C to carry the goods from Taipei to London. C were air carriers. After the goods had arrived at Luxembourg Airport, they were split into three lots. C employed L (a Luxembourg company) to carry one of the lots from Luxembourg to London. A second lot was carried by S, an English carrier, while the third lot were carried by another Luxembourg carrier. A CMR consignment note was issued in Luxembourg and signed by or on behalf of L in respect of that carriage. The other two lots were carried under separate consignment notes.

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