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The Carriage of Goods by Road (Gibraltar) Order 1967

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Article 3

SCHEDULE

Convention to have force of law

1.  Subject to the following provisions of this Act, the provisions of the Convention, as set out in the Annex to this schedule, shall have the force of law in Gibraltar so far as they relate to the rights and liabilities of persons concerned in the carriage of goods by road under a contract to which the Convention applies.

Designation of High Contracting Parties

2.(1) Her Majesty may by Order in Council from time to time certify who are the High Contracting Parties to the Convention and in respect of what territories they are respectively parties.

(2) An Order in Council under this section shall, except so far as it has been superseded by a subsequent Order, be conclusive evidence of the matters so certified.

Power of court to take account of other proceedings

3.(1) A court before which proceedings are brought to enforce a liability which is limited by article 23 in the Annex to this schedule may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the said article 23 and of any other proceedings which have been, or are likely to be, commenced in Gibralter or elsewhere to enforce the liability in whole or in part.

(2) Without prejudice to the preceding subsection, a court before which proceedings are brought to enforce a liability which is limited by the said article 23 shall, where the liability is, or may be, partly enforceable in other proceedings in Gibraltar or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.

Registration of foreign judgments

4.(1) Subject to the next following subsection, Part I of the Judgments (Reciprocal Enforcement Ordinance (1) as amended by the Judgments (Reciprocal Enforcement) (Amendment) Ordinance (2) in this section referred to as “the Gibraltar Ordinance”) shall apply, whether or not it would otherwise have so applied, to any judgment which—

(a)has been given in any such action as is referred to in paragraph 1 of article 31 in the Annex to this schedule and

(b)has been so given by any court or tribunal of a territory in respect of which one of the High Contracting Parties, other than the United Kingdom, is a party to the Convention, and

(c)has become enforceable in that territory.

(2) In the application of Part I of the Gibraltar Ordinance in relation to any such judgment as is referred to in the preceding subsection, section 6 of that Ordinance shall have effect with the omission of subsections (2) and (3).

(3) The registration, in accordance with Part I of the Gibraltar Ordinance of any such judgment as is referred to in subsection (1) of this section shall constitute, in relation to that judgment, compliance with the formalities for the purposes of paragraph 3 of article 31 in the Annex to this schedule.

Contribution between carriers

5.(1) Where a carrier under a contract to which the Convention applies is liable in respect of any loss or damage for which compensation is payable under the Convention, nothing in any law for the time being in force in Gibraltar shall confer on him any right to recover contribution in respect of that loss or damage from any other carrier who, in accordance with article 34 in the Annex to this schedule is a party to the contract of carriage.

(2) The preceding subsection shall be without prejudice to the operation of article 37 in the Annex to this schedule.

Actions against High Contracting Parties

6.  Every High Contracting Party to the Convention shall, for the purposes of any proceedings brought in a court in Gibraltar in accordance with the provisions of article 31 in the Annex to this schedule to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on; but nothing in this section shall authorise the issue of execution against the property of any High Contracting Party.

Arbitrations

7.(1) Any reference in the preceding provisions of this Act to a court includes a reference to an arbitration tribunal acting by virtue of article 33 in the Annex to this schedule.

Application to Crown

13.  This Act shall bind the Crown in respect of the Government of Gibraltar.

Interpretation

14.(2) The persons who, for the purposes of this Act, are persons concerned in the carriage of goods by road under a contract to which the Convention applies are—

(a)the sender,

(b)the consignee,

(c)any carrier who, in accordance with article 34 in the Annex to this schedule or otherwise, is a party to the contract of carriage,

(d)any person for whom such a carrier is responsible by virtue of article 3 in the Annex to this schedule,

(e)any person to whom the rights and liabilities of any of the persons referred to in paragraphs (a) to (d) of this subsection have passed (whether by assignment or assignation or by operation of law).) shall apply, whether or not it would otherwise have so applied, to any judgment which—(a)has been given in any such action as is referred to in paragraph 1 of article 31 in the Annex to this schedule and(b)has been so given by any court or tribunal of a territory in respect of which one of the High Contracting Parties, other than the United Kingdom, is a party to the Convention, and(c)has become enforceable in that territory.(2)In the application of Part I of the Gibraltar Ordinance in relation to any such judgment as is referred to in the preceding subsection, section 6 of that Ordinance shall have effect with the omission of subsections (2) and (3).(3)The registration, in accordance with Part I of the Gibraltar Ordinance of any such judgment as is referred to in subsection (1) of this section shall constitute, in relation to that judgment, compliance with the formalities for the purposes of paragraph 3 of article 31 in the Annex to this schedule.5.—Contribution between carriers.(1)Where a carrier under a contract to which the Convention applies is liable in respect of any loss or damage for which compensation is payable under the Convention, nothing in any law for the time being in force in Gibraltar shall confer on him any right to recover contribution in respect of that loss or damage from any other carrier who, in accordance with article 34 in the Annex to this schedule is a party to the contract of carriage.(2)The preceding subsection shall be without prejudice to the operation of article 37 in the Annex to this schedule.6.Actions against High Contracting Parties.Every High Contracting Party to the Convention shall, for the purposes of any proceedings brought in a court in Gibraltar in accordance with the provisions of article 31 in the Annex to this schedule to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which any such action is to be commenced and carried on; but nothing in this section shall authorise the issue of execution against the property of any High Contracting Party.7.—Arbitrations.(1)Any reference in the preceding provisions of this Act to a court includes a reference to an arbitration tribunal acting by virtue of article 33 in the Annex to this schedule.13.Application to Crown.This Act shall bind the Crown in respect of the Government of Gibraltar.14.—Interpretation.(2)The persons who, for the purposes of this Act, are persons concerned in the carriage of goods by road under a contract to which the Convention applies are—(a)the sender,(b)the consignee,(c)any carrier who, in accordance with article 34 in the Annex to this schedule or otherwise, is a party to the contract of carriage,(d)any person for whom such a carrier is responsible by virtue of article 3 in the Annex to this schedule,(e)any person to whom the rights and liabilities of any of the persons referred to in paragraphs (a) to (d) of this subsection have passed (whether by assignment or assignation or by operation of law).

(1)

Laws of Gibraltar 1950. c. 55.

(2)

Laws of Gibraltar 1963 ED.

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