Office: +44 203 968 0500
24/7 Emergency Response: +44 7887 710 950
Select Page

Does one year time bar apply to a claim for misdelivery?

Good news for bareboat charterers | BDM Blog | BDM Law

It was surprising to see a case on this in the High Court and it is testimony to the fact that lawyers do not lack imagination when it comes to legal argument*. In short however, David Foxton QC acting as deputy judge gave a pretty clear answer – yes it does, provided that the misdelivery takes place within the period of Hague Rules responsibility. The time bar applies to all types of claim against the carrier relating to the goods carried under a contract of carriage governed by the Rules.

The other issue was whether commencing proceedings against the carrier within the one year limit in a foreign jurisdiction, in breach of an exclusive jurisdiction clause, was enough to protect time. Again, pretty easy – no it doesn’t!

In this case the claimants chose to sue the carrier in Tunisia. That claim was struck out for want of jurisdiction which led to a claim being pursued out of time in the English Courts. The carrier successfully argued that the claim was time barred and the judge agreed with that analysis.

Those interested in the legal arguments can read the full decision here

*The Alhani (Deep Sea Maritime Ltd v Monjasa A/S) [2018] EWHC 1495 (Comm), 15 June 2018

BDM is a specialist shipping law firm offering high quality legal advice and representation at a reasonable price. Please follow us on social media by clicking below.

Other Recent Blogs

  • BDM supports launch of third edition of Shipping and the Environment | BDM Blog | BDM Law
    March 9, 2023

    BDM supports launch of third edition of Shipping and the Environment

    We were delighted to support Colin, Charles and Jonathan at the launch of the third edition of this weighty tome. Environmental regulation is one of the main challenges faced by shipping and all those engaged in the shipping industry. This book is not just about oil spills. [...]

    Read more >
  • BDM and London P&I attend Six Nations | BDM Blog | BDM Law
    February 15, 2023

    BDM and London P&I attend Six Nations

    David McInnes and Joshua Geesing of BDM Law were pleased to attend the Six Nations match between England and Italy alongside Simon Leslie and Simon Chapman of London P&I Club. BDM Law are committed to the Italian market and continue to service a large number of clients b[...]

    Read more >
  • 2023 and what to expect | BDM Blog | BDM Law
    February 9, 2023

    2023 and what to expect

    It’s difficult to predict what lies ahead but it’s illuminating to revisit what we said at the beginning of 2022. By and large, we were right to say that 2022 would be a strong year for shipping and ship owners. The predicted rise in ship casualties has not quite materia[...]

    Read more >
+44 203 968 0500
+44 7887 710 950