From www.holdingredlich.com: The English Supreme Court clarified that the 1-year time bar in Article III Rule 6 of the Hague and Hague-Visby Rules applies to all claims for breach of duty by the carrier, including misdelivery, even after discharge.

In the case of FIMBank Plc v KCH Shipping Co. Ltd, the court rejected the bank’s argument that the time bar only pertains to liabilities incurred before delivery.

The court also highlighted the differing interpretations of this rule in Australian law compared to the UK, indicating a lack of international consensus on how the time bar is applied post-discharge.

Filed under: Business Law