The UK Supreme Court on jurisdiction over successive CMR Convention carriers and European Union rules

Abstract

This article discusses a recent decision of the UK Supreme Court on jurisdiction over successive road carriers under the CMR Convention and whether, and to what extent, the European Rules of the Brussels I Regulation Regime on jurisdiction and the recognition and enforcement of judgments could also be applicable in this context. The judgment is welcomed as clarifying the application and exclusivity of the jurisdictional rules of Article 31.1 of the CMR over each successive road carrier in case of a claim by cargo interests. The article sets out the reasoning of the court on all the submissions made to it, although the emphasis of the article is placed on the interaction of the Brussels I Regime with specialized transport conventions. The UK Supreme Court s decision is set into context with prior case law of the CJEU and a broader discussion of the principles underlying judicial co-operation in civil and commercial matters. It is argued that while the importing of European principles as a ‘second stage’ approach in matters of lis pendens or enforcement in intra EU cases is apt to ensure the functioning of the internal market, the overriding of ‘first stage’ jurisdictional rules of specialized conventions ought to be avoided, in order not to endanger the principles of predictability as to the courts having jurisdiction and certainty for litigants, with clear implications for international harmonization within and beyond European boundaries.