MATRIX EUROPE LTD (IN LIQUIDATION) AND ANOTHER v UNISERVE NORTHERN LTD AND ANOTHER (NO 2)

[2009] Lloyd's Rep Plus 82

QUEEN’S BENCH DIVISION (LONDON MERCANTILE COURT)

Before His Honour Judge Mackie QC, sitting as a Judge of the High Court

Carriage of goods by road – Sub-bailment – Freight forwarder contracting to carry cargo of mobile telephone adaptors from shipper’s premises to airport and thence by air to Hong Kong – Subcontractor mistakenly delivering goods to third party’s premises near airport – Third party accepting goods as sub-bailee – Goods stolen the following day – Shipper bringing proceedings against third party and freight forwarder – Whether third party failed to exercise reasonable care – Whether failure to exercise reasonable care caused shipper’s loss – Whether BIFA terms applied – Whether third party entitled to indemnity from freight forwarder.