‘ two important issues in relation to the law of carriage of goods by sea.
i) The first is whether the time bar created by Article III Rule 6 of the Hague Rules applies to claims for wrongful misdelivery, where the shipowner has delivered the cargo to a third party without production of the bill of lading.
ii) The second is whether the requirement in Article III Rule 6 that ‘suit is brought within one year after delivery of the goods or the date when the goods should have been delivered’ can ever be satisfied if proceedings are commenced in the courts of one country, when the bill of lading incorporates a clause from a charterparty giving exclusive jurisdiction to the courts of another country.’
Judges:
David Foxton QC
Citations:
[2018] EWHC 1495 (Comm), [2018] WLR(D) 369
Links:
Jurisdiction:
England and Wales
Transport
Updated: 25 April 2022; Ref: scu.619819