Carriers
Knapfield v C.A.R.S Holding Ltd (Company No. 05481676) and other companies [2022] EWHC 1437 (Comm), [2022] All ER (D) 47 (Jun)
The Commercial Court ruled on the claim brought by the applicant, an owner and collector of classic cars, against the defendants, an events management company and transport companies. The applicant sought damages for the damage and diminution in value of two valuable cars while in the possession of the defendants in July 2019. He alleged that (i) the defendants were liable for damages for misrepresentation under s 2(1) of the Misrepresentation Act 1967; and (ii) that the defendants had entered into a contract with the applicant whereby it agreed to reimburse the applicant for the damage which had occurred in full, and that contract being separate to the Carriage of Goods Road Act 1965 which had incorporated the Convention on the Contract for the International Carriage of Goods by Road (CMR). The second defendant had accepted that it was legally liable for the damage sustained but the other defendants did not accept liability. The court held, among other things, that
