ROYAL & SUN ALLIANCE INSURANCE PLC AND ANOTHER v MK DIGITAL FZE (CYPRUS) LTD AND OTHERS

[2006] 2 Lloyd's Rep. 110

COURT OF APPEAL

Before Lord Justice Auld, Lord Justice Rix, and Lord Justice Maurice Kay

Conflict of laws - Jurisdiction - Carriage of goods by road - Consignment of mobile phones stolen en route from Paris to Calais for subsequent export - Application by carrier and liability insurers for declaration that dispute governed by jurisdictional rules in CMR Convention, article 31 - Whether contract one for international carriage of goods by road - Whether English court first seised of proceedings - Jurisdiction under Brussels Convention 1968, articles 2, 5 and 53 - Carriage of Goods by Road Act 1965 - Civil Jurisdiction and Judgments Act 1982, section 42.