King’s Bench Division
*Huawei Technologies (UK) Ltd and another
v
DSV Solutions Ltd
[2023] EWHC 1505 (Comm)
2023 April 26; June 23
Simon Tinkler sitting as a deputy High Court judge
Carriage by landInternational carriage of goods by roadJurisdictionCarriage of consignment of goods from England to NetherlandsSome of goods failing to arriveCarrier applying in Netherlands courts for declaration of non-liabilityNetherlands courts issuing decision that underlying claim time-barredConsignor bringing claim in contract and tort in English courts seeking damages for loss of goodsWhether Convention precluding bringing of English claimWhether decision that claim time-barred “enforceable” judgmentWhether English claim on “same grounds” as Netherlands claimWhether Convention precluding claim in contract and in tort Carriage of Goods by Road Act 1965 (c 37), Sch, art 31.2
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