Carriage of Passengers by Road Act 1974

Article 21

1 In all legal proceedings arising out of carriage under this Convention the plaintiff may bring an action in any court or tribunal of a Contracting Party designated by agreement between the parties and, in addition, in the courts or tribunals of the country within whose territory is situated:

(a) the place where the defendant has his principal place of business, is habitually resident, or has the place of business through which the contract of carriage was made ; or

(b) the place where the loss or damage occurred; or

(c) the place of departure or of destination of the carriage ;

and in no other court or tribunal.

2 Where in respect of a claim to which paragraph 1 of this article applies an action is pending before a court or tribunal competent under this paragraph or where in respect of such a claim judgment has been entered by such a court or tribunal, no new action shall be started on the same grounds between the same parties unless the judgment of the court or tribunal before which the first action was brought is not enforceable in the country in which the fresh proceedings are brought.

3 Where a judgment entered by a court or tribunal of a Contracting State, the said court or tribunal having jurisdiction in accordance with the provisions of this paragraph, in any such claim as is referred to in paragraph 1 of this article has become enforceable in that State, such judgment shall become enforceable in each of the other Contracting States as soon as the formalities required in the State concerned have been complied with. The merits of the case shall not be re-opened.

4 The provisions of the preceding paragraph shall apply to judgments after trial, judgments by default and settlements confirmed by an order of the court, but shall not apply to interim judgments or to awards of damages in addition to costs against a plaintiff who fails wholly or partly in his action.

5 Security for costs of proceedings arising out of carriage under this Convention shall not be required from nationals of Contracting States who have their residence or a place of business in one of those States.