placeholder-image coin

Schenker v Negocios Europa Ltd [2018] 1 WLR 718

Schenker v Negocios Europa Ltd [2018] 1 WLR 718


Citation:Schenker v Negocios Europa Ltd [2018] 1 WLR 718

Link to case on WorldLII.

Rule of thumb: Can case-law about carrier’s duties by air, sea and land be used comparatively? Yes and no. Yes in the sense that the underpinning common law for the 3 of these subjects is the same; no in the sense that they are now all regulated by different ratified treaties.

Judgment:

'It is not the part of the function of judges to alter a well established rule or to say that a different rule is part of our law for the sake of harmonisation. It is the position here that although English authorities have not expressly determined the point in relation to air freight, the approach in the road haulage cases extending the rule from shipping are, in my view, instructive and persuasive. I note the rationale which is advanced in relation to cash flow. However, I do not accept that this alone would justify the extension of the rule into a new area. The rule may well be said to be anomalous when contrasted with other contracts for the supply of goods and services.23 However, given the clear and uncontradicted expert evidence that this is the basis on which the freight market contracts and the fact that it extends to carriage by sea, international and domestic road haulage, it would, in my view, be anomalous to hold that the common law freight rule did not extend to carriage by air. I, therefore, concur with the conclusion reached in the Hong Kong authorities which, though not binding on me, found that there is no logical or sensible distinction between the three means of transport for the purpose of the common law rule’, Moulder J at 22

centered image

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.