References: Times 27-Feb-2001, Gazette 01-Mar-2001
Ratio: When assessing just when a case is pending for the purposes of deciding priority as between jurisdictions competing to hear a case, the determining factor is the date of service, not the date of issue. Proceedings were issued in Vienna then in England, but the English papers were served first. Accordingly they were already pending in England and jurisdiction followed accordingly.
Statutes: Convention for the International Carriage of Goods by Road 31, Carriage of Goods by Road Act 1965
Jurisdiction: England and Wales
Last Update: 18 February 2018
Ref: 77792
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