HATZL AND ANOTHER v XL INSURANCE CO LTD
[2009] Lloyd's Rep Plus 37
COURT OF APPEAL
Before Lord Justice Rix, Lord Justice Jacob and Lord Justice Lawrence Collins
Carriage by road – CMR – Jurisdiction – Goods lost in
transit between Austria and Italy – Parties to contract of carriage assigning
rights of action to their insurers – Carriers bringing proceedings in England
against parties to contract of carriage and assignees/insurers – England not
having any connection with matters in dispute other than being principal place
of business of assignees/insurers – Whether court had jurisdiction – Whether
assignees/insurers “the defendant” – CMR article 31(1)(a).