4 Pump Court

This Practice Note provides a working definition of bailment and practical tips. It discusses modern commercial bailment, how bailment is created, the bailor and bailee and obligations arising between them. Bailment under contract is outlined, together with limitation of liability and incorporation of terms in bailment contracts. Bailments arising in hire purchase agreements, pawn and pledge arrangements, the hospitality industry and international transport are briefly discussed. Non-contractual bailment is introduced and issues with mistaken deliveries and uncollected goods are outlined. Bailment disputes, remedies and actions against third parties are introduced. Tips in relation to pleading bailment are provided.

This Practice Note explains the law and practicalities relating to bills of lading and sea waybills in the context of an arrangement for the carriage of goods by sea. It explains the differences between bearer bills, order bills and sea waybills and explains the functions of the bill of lading as a receipt, document of title and contractual document. The Practice Note also explains who the parties to the contract of carriage are and their interplay with third parties, and how a transfer of rights under the documentation may be achieved.

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the carrier and measure of damages under the common law and the conventions. The Warsaw Convention and Montreal Convention (and the various versions of each) are explained, an explanation of how to work out which convention applies is provided and limitation of liability, jurisdiction and time bars under the conventions are also discussed. The Practice Note also provides an introduction to cargo documentation requirements and liability for loss, damage or delay to cargo.

This Practice Note provides a summary of the law relating to the carriage of goods by rail as provided for in the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). It explains the scope of application of CIM, the contract of carriage under CIM, how liability is apportioned under CIM, time bars and jurisdiction.

This Practice Note considers the regimes covering carriage of goods by road both in the UK with no international element and also overseas where there is an element of international carriage of goods under the Convention on the Contract for the International Carriage of Goods by Road (CMR Convention). It explains the liability of the carrier and measure of damages at common law, and the interplay with widely used hauliers’ standard terms. The CMR Convention is explained, an explanation of multimodal transport is provided, and limitation of liability, jurisdiction and time bars under the CMR Convention are also discussed. The Practice Note also provides an introduction to the consignment note, liability for loss or delay in transit and the defences available to the carrier.

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key features of voyage charters, time charters, bareboat charters and slot charters and the damages for breach of charter in relation to each type. It also considers issues of piracy, incorporation of charterparty terms into bills of lading, incorporation of charterparty terms into letters of indemnity, international regulation of carbon dioxide and GHG emissions and bribery within the context of charterparties.

This Practice Note explains the Hague-Visby Rules which are international rules for the carriage of goods by sea and enacted into English law by the Carriage of Goods by Sea Act 1971 (CGSA 1971). The Practice Note covers the scope of the Hague-Visby Rules, the carrier’s responsibilities under them, the carrier’s limitations of liability and immunities available under the Hague-Visby Rules and the relevant time bars.

This Practice Note describes the purpose and functions of sea carriage documents with reference to the delivery of cargo, in particular it examines bills of lading and sea waybills. It considers how bills of lading may either be charterers’ bills or owner’s bills, and how they act as evidence for a contract of carriage or as security for finance.

ARCHIVED: This Practice Note explains Article 24 of Regulation (EU) 1215/2012 (Brussels I (recast)) which gives the courts of an EU Member State exclusive jurisdiction; irrespective of the defendant’s domicile or any contrary party agreement. The Practice Note covers claims involving immovable property (Article 24(1)), a company’s constitution/corporate governance and validity of actions (Article 24(2)), public registry entries (Article 24(3)), IP rights (Article 24(4)) as well as all proceedings involving the enforcement of judgments (Article 24(5)). This Practice Note includes discussion of the application of Article 24 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement).

This Practice Note examines the use of Scott Schedules in construction disputes as a tool to identify the key issues between the parties. A Scott Schedule provides, for the judge, a single-source document setting out the rival cases on an item-by-item basis, helping the judge to compare their positions. The Practice Note also includes example schedules (relating to delay and defects claims) and some useful practice points.

This Practice Note outlines some classes of documents performing the functions of both a document of title and a transport document under which goods are carried. Documents under which goods are carried, and those proving title to goods, are essential to the smooth running of international trade. By far the most important such document in international trade is the bill of lading.

This Practice Note provides an introduction to two types of cargo carrier, common carriers and private carriers, and explains the key aspects of their respective liabilities under their contractual relationships. The Practice Note concerns the carriage of goods only, and not the carriage of passengers.

This is a Precedent Defence for use in relation to a claim for database right infringement. It can be adapted for use in cases in the Intellectual Property List, including those in the Intellectual Property Enterprise Court. This Precedent is drafted so as to cover infringement of UK database right pursuant to pursuant to the EU Database Directive, the Copyright and Rights in Databases Regulations 1997 and CDPA 1988. It is designed to respond to the points raised in the Precedent Particulars of claim.

This is a Precedent final order (or order following judgment) for use in relation to a claim for database right infringement. It assumes that the claimant has brought successful proceedings in the High Court for infringement of database rights. It can be adapted for use in either Intellectual Property sub-list or Intellectual Property Enterprise Court sub-list cases. Both sub-lists form part of the Intellectual Property List (Chancery Division) in the Business and Property Courts.

This is a Precedent particulars of claim for use in relation to a claim for database right infringement. It can be adapted for use in cases in the Intellectual Property list including those in the Intellectual Property Enterprise Court. This Precedent is drafted so as to cover infringement of UK database right pursuant to pursuant to the Copyright and Rights in Databases Regulations 1997, SI 1997/3032 and CDPA 1988.

This is a Precedent reply for use in relation to a claim for database right infringement. It can be adapted for use in cases in the Intellectual Property List, including those in the Intellectual Property Enterprise Court. This Precedent is drafted so as to cover infringement of UK database right pursuant to pursuant to the EU Database Directive, Copyright and Rights in Databases Regulations 1997 and CDPA 1988. It is designed to respond to the points raised in the Precedent defence.