Royal & Sun Alliance Insurance Plc & Anor v MK Digital Fze (Cyprus) Ltd. & Ors [2006] EWCA Civ 629 (17 May 2006)
Citation: Royal & Sun Alliance Insurance Plc & Anor v MK Digital Fze (Cyprus) Ltd. & Ors [2006] EWCA Civ 629 (17 May 2006)
Rule of thumb: If you are suing a road carrier, which country do you sue them in? Carriage by road cases generally have to be raised against someone in the place where they are domiciled unless, one of the ‘special jurisdictions’ can be argued, of which there are many, such as where the breach actually took place.
Judgment:
‘The basic rule of the Brussels Convention is that persons domiciled in a convention state must be sued in the courts of that state (article 2). The "special jurisdictions" such as article 5 must be interpreted restrictively... The "obligation in question" … cannot be interpreted as referring to any obligation whatsoever arising under the contract in question, but is rather that which corresponds to the contractual right on which the plaintiff's action is based" LJ Rix
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.