Carriage of Goods by Sea (2nd Edition)
Contents
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A. Introduction A. Introduction
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Overview Overview
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B. Domestic Law Provisions B. Domestic Law Provisions
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Limitation Act Limitation Act
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C. Under the Hague and Hague-Visby Rules C. Under the Hague and Hague-Visby Rules
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Introduction Introduction
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Article III, rule 6 of the Hague Rules Article III, rule 6 of the Hague Rules
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‘Subject to paragraph 6 bis’ ‘Subject to paragraph 6 bis’
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‘Discharged from all liability’ ‘Discharged from all liability’
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Carrier’s fault as a defence Carrier’s fault as a defence
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‘In any event … whatsoever’ ‘In any event … whatsoever’
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‘In respect of [loss or damage][the goods]’ ‘In respect of [loss or damage][the goods]’
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‘Unless suit is brought’: the narrower view ‘Unless suit is brought’: the narrower view
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Wider view Wider view
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Suit and a competent court Suit and a competent court
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Suit and arbitration proceedings Suit and arbitration proceedings
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Suit and actions in rem Suit and actions in rem
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Title to sue Title to sue
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‘Within one year …’ ‘Within one year …’
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‘Delivery or … date when they should have been delivered’ ‘Delivery or … date when they should have been delivered’
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Delivery of the agreed quantity Delivery of the agreed quantity
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No delivery No delivery
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Wrongful delivery Wrongful delivery
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Extension Extension
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Article III, rule 6 bis Article III, rule 6 bis
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D. Rotterdam Rules D. Rotterdam Rules
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Background Background
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Period of time for suit Period of time for suit
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Defence or set-off Defence or set-off
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Calculation of the time limit Calculation of the time limit
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Effect on the time bar of breaches by the carrier Effect on the time bar of breaches by the carrier
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Extension of time for suit Extension of time for suit
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Indemnity claims Indemnity claims
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Actions against bareboat charterers etc Actions against bareboat charterers etc
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35 Limitation Periods
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Published:07 July 2011
Cite
Extract
Introduction
Overview
In this chapter we consider those rules of the general law and those under the Hague, Hague-Visby, and Rotterdam Rules as to limitation of time. In practice this factor becomes the most powerful weapon in the hands of the carrier and the most dangerous defence which the cargo claimant will face. It has been said that the reason in the carriage context for the time bar, is that it ‘meets an obvious commercial need, namely, to allow shipowners, after that period, to clear their books’.1
Linea Naviera Paramaconi SA v Abnormal Load Engineering Ltd [2001] 1 Lloyd’s Rep 763, at [19] (Tomlinson J); Cia Portorafti Commerciale SA v Ultramar Panama Inc (The Captain Gregos) (No 1) [1990] 1 Lloyd’s Rep 310 (CA), 315 (Bingham LJ); Port Jackson Stevedoring Pty Ltd v Salmond & Spraggon (Aust) Pty Ltd (1978) 139 CLR 231, 238 (Barwick CJ); Aries Tanker Corporation v Total Transport (The Aries) [1977] 1 WLR 185 (HL), 188 (Lord Wilberforce).
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