Evaluation of the rules on successive carriage (1): The concept of the successive CMR carrier on trial?

The regime for successive carriers in the CMR has attracted attention over the years with recent decision by the UK and Dutch Supreme Courts both courts reached opposing views as to the criteria for a transport being performed by successive carriers. In basic terms where several carriers carry under the same contract they are each liable for the performance of the whole carriage and might be directly exposed to claims by cargo interests and are subject to a special recourse mechanism between carriers with special rules of jurisdiction and additional times frames for limitation purposes. The topic’s importance may be due to the manner in which road haulage business is conducted with its ever increasing chain of sub-contracts in the performance of the goods’ carriage, particularly when seen in conjunction with the consequences of the strict rules on time bars or jurisdiction under the CMR in general.

Is this system, as it applies now, still appropriate or outdated? Has it been eroded or broadened beyond recognition by case-law? The paper’s originality lies in the detailed examination of the successive carrier concept, showcasing the mischief created by its diverse interpretation of in different jurisdictions and the resulting scope for abuse. A stance is taken, advocating a narrow interpretation in the absence of amendment of the CMR allowing for the abolition of the concept. Action in this regard is necessary and significant to redress the balance, which currently is inappropriately weighted to the detriment of the performing carrier.