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Hague Rules time limit applies to misdelivery claims
March 1, 2019
The Court has held that a ship-owner, who had delivered the shipper’s cargo to a third party without production of the relevant bill of lading, could nonetheless rely on the one-year time limit in Article III Rule 6 of the Hague Rules to defeat the shipper’s claim for misdelivery. The background facts The dispute arose […]
Supreme Court considers burden of proof in cargo damage claims under Hague Rules
February 1, 2019
Supreme Court considers burden of proof in cargo damage claims under Hague Rules This recent Supreme Court judgment deals with the issue of whether the carrier or cargo interests bear the burden of proof under the Hague Rules in relation to claims for cargo loss and damage. In particular, it considers the interplay between a […]
When is an owner obliged to commence the approach voyage to the loadport?
December 1, 2018
CSSA Chartering and Shipping Services SA v. Mitsui OSK Lines Ltd (Pacific Voyager) [2018] EWCA Civ 2413 The Court of Appeal has recently given its decision in this case, which will be of interest to all those involved in the chartering of vessels on a voyage basis. The Court of Appeal upheld the Commercial Court decision and […]