Bull’s Eye??? | Case by Case (Ep. 66)

  • 8 June 2023
    • Luke Zadkovich
    • Calum Cheyne

This week Luke and Calum discuss English Court of Appeal case FIMBank PLC v KCH Shipping Co Ltd (“The Giant Ace”) [2023] EWCA Civ 569.

This is a good one. All about whether a claim for misdelivery arising after discharge of the goods from the vessel is time barred or not. Hague Rules versus Hague Visby Rules… Is there a big difference between the two versions of the Convention on the application of the one year time bar to post-discharge misdelivery claims? The court states that it found the “bull’s eye” in the travaux préparatoires reaching its decision… We ask, with respect, did it really?