We regularly act for freight forwarders, hauliers and importers and exporters for disputes arising from road transport (or as part of multi-modal transport). The disputes we handle frequently include a dispute as to the incorporation of standard terms and conditions under Irish Law and consideration of the CMR Convention and its application under Irish Law. We have also represented hauliers in defending prosecutions by the Road Safety Authority for breach of EU and national transport legislation on tachographs, EU driver hour rules and the road transport working time directive.
o Acting for Insurers of plant machinery transportation in relation to High Court proceedings in Ireland to include advice on Statute of Limitations, applicability of BIFA terms and conditions and exclusions and limitation clauses, drafting all pleadings.
o Acting in High Court proceedings issued by British American Tobacco International Limited in relation to the theft of a consignment of cigarettes being shipped from Netherlands to Ireland via UK.
o Acting as Irish legal expert for US proceedings following damage to Pharma products in transport to port of shipment – advising on incorporation of terms and conditions under Irish Law and specifically incorporation of IIFA terms and conditions, BIFA terms and conditions.
o Successfully mitigating position of Irish haulage company in District Court on prosecution by the Road Safety Authority for various breaches of the driver hour rules and EU law on tachographs.