KNAPFIELD V CARS HOLDINGS LTD (COMPANY NO 05481676) AND OTHERS

[2022] EWHC 1437 (Comm), Queen's Bench Division, Commercial Court, Charles Hollander QC, sitting as a Deputy Judge of the High Court, 13 June 2022

Carriage (road) – Limitation of liability – Consignment note – Wilful misconduct – Carriage of Goods by Road Act 1965 – Convention on the Contract for the International Carriage of Goods by Road 1956 – Carriage of Goods by Road Act 1965

This case raised a question of limitation of liability under the Convention on the Contract for the International Carriage of Goods by Road 1956 (CMR). The claimant sought damages for the damage and diminution in value of two valuable cars of which he was the owner, and which had been damaged while in the possession of the defendants. In June 2019, the second defendant had been engaged through a French events management company to transport the cars from Beaconsfield to Chantilly for an event, and then back. The cars were loaded onto a transport vehicle in Beaconsfield and transported to Chantilly. After the event, on 30 June, they were loaded back onto the transport vehicle and it departed on 3 July. At a stop-off in Lewes to deliver other cars, it was observed that there was no damage to the claimant’s cars, but later that day it was observed that one had slipped backwards into the other. On 4 July, the two cars were delivered to Beaconsfield.