MYTON LAW LAWYER OUTLINES CARRIAGE OF GOODS CASE LAW IN NEW GUIDE

18/01/2021

Yorkshire shipping and transport law specialist John Habergham of Myton Law has contributed a section on UK case law to a new international guide to the ‘Convention on the Contract for the International Carriage of Goods by Road’, known as CMR.

With the movement of goods in the spotlight following the end of the Brexit transition period, the publication of a comparison of different ‘national’ interpretations of what is an ‘international’ legal convention is timely.  However, law relating to the carriage of goods by road as defined by CMR is unaffected by Brexit as CMR is a UN convention drawn up in Geneva in 1956 and subsequently signed up to by the UK and other European countries, but also by countries on other continents.

Stichting Vervoeradres, the Netherlands-based foundation which creates standards for the carriage of goods, produced the online guide in cooperation with the Institut du Droit International des Transports (IDIT).  The foundation has gathered together up to date reports from experts in Belgium, Croatia, Denmark, France, Germany, Italy, Lithuania, the Netherlands and the UK, with more reports from other countries to follow, illustrating how each country interprets the CMR treaty.

The guide is intended as a reference point for those dealing with transport law, including in-house company lawyers, counsels and claims staff as well as insurance companies.

John Habergham said, “We are delighted that Myton Law’s specialist knowledge of transport law has been recognised through this invitation to provide the UK section for this prestigious guide.

“CMR is an international legal convention, but over the years courts in different countries have interpreted it differently.  For hauliers and forwarders carrying goods by road, often across a number of countries, when disputes arise it is important to understand how the law is applied in each country.  In the UK, for example, interpretation of the law tends to favour the carrier, whereas in Germany courts tend to find against the carrier.  These differing approaches lead to ‘jurisdiction shopping’ - a scramble to fix jurisdiction in the face of a dispute.  However, that can be avoided by ensuring a carrier’s terms and conditions include a jurisdiction clause and that the carrier makes sure its terms are incorporated into every contract.”

Shula Stibbe, Secretary General of Stichting Vervoeradres, said, “We are pleased that John was able to provide the UK case law information.  The IDIT website includes reports from seven different countries with more to follow, so making access to comparison of interpretation of CMR easier for all involved.”

In addition to the online case law information, Stichting Vervoeradres is producing a standard manual for all European lawyers having to deal with CMR questions, which is scheduled for print publication in autumn 2021.  The manual will give high level information on the main themes of the CMR treaty and include the newest insights on the interpretation of CMR.  The country by country case law has been published on the IDIT website, so that it can be updated regularly.

 

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