KADEL CHAJKIN AND CE DE, LTD. v. MITCHELL COTTS & CO. (MIDDLE EAST), LTD., AND A/S MOTORTRAMP. [THE "STENSBY."]
(1947) 81 Ll.L.Rep. 124
KING'S BENCH DIVISION.
Before Mr. Justice Sellers.
Practice-Writ-Service out of the jurisdiction - Action "properly brought" - Conflict of laws-Carriage of goods by sea -Shipment of cargo in Danish ship from Brazil "to Haifa in transit to Beirut"- Bill of lading for most part in English headed "Scandinavian-South America- Mediterranean Line" and containing clause paramount providing:
All the terms, provisions and conditions of the Act of the Kingdom of Norway dated the 4th February, 1938, relating to the enforcement of the International Convention concerning Bills of Lading of 25th August, 1924, are to apply to the contract contained in this bill of lading, and the carriers are to be entitled to the benefit of all privileges, rights and immunities contained in such Act as if the same were herein specifically set out. If, or to the extent that, any term of this bill of lading is repugnant to or inconsistent with anything in such Act it shall be void.
Freight expressed in U.S. currency-Cargo transhipped at Alexandria and carried direct to Beirut-Writ issued by plaintiffs against first defendants (ship's agents at Alexandria) alleging negligence as bailees; against second defendants (Danish shipowners) alleging breach of contract of carriage; and against both defendants alleging breach of contract and/or duty in and about carriage, storage, etc., of plaintiffs' cargo - Granting of ex parte application by plaintiffs for leave to serve writ upon second defendants-Motion by second defendants to set aside order- R.S.C., Order 11:
1. Service out of the jurisdiction of a writ of summons or notice of a writ of summons may be allowed by the Court or a Judge whenever . . .
(e) The action is one brought against a defendant not domiciled or ordinarily resident in Scotland to enforce, rescind, dissolve, annul or otherwise affect a contract or to recover damages or other relief for or in respect of the breach of a contract . . .
(iii) by its terms or by implication to be governed by English law . . .
(g) Any person out of the jurisdiction necessary or proper party to an
The "Stensby."
K.B.
125
action properly brought against some other person duly served within the jurisdiction. Proper law of contract-Principles to be applied-Inherent nature of contract- Intention of parties-Whether action was properly brought against first defendants -Discretion of Court.