LACEYS FOOTWEAR (WHOLESALE) LTD. v. BOWLER INTERNATIONAL FREIGHT LTD. AND ANOTHER

[1997] 2 Lloyd's Rep. 369

COURT OF APPEAL

Before Lord Justice Beldam, Lord Justice Saville and Lord Justice Brooke

Carriage by road - CMR - Limitation of liability - Carriage of consignment of goods from Alicante to London - Consignment stolen - Carriers failed to effect insurance - Plaintiffs claimed damages - Whether plaintiffs had proved wilful misconduct on part of carriers’ driver in allowing vehicle to be diverted - Whether defendants’ liability limited or fixed by CMR terms - Whether carriers’ terms and conditions applied to contract of carriage - Whether carriers entitled to limit liability despite failure to insure goods - CMR arts. 23, 27 and 29.