P & O Nedlloyd BV v Arab Metals Co and Others (The “UB Tiger”) (No 2) – Court of Appeal) (Buxton, Jonathan Parker and Moore-Bick LJJ) – 13 December 2006

Practice – Limitation – Specific performance – Indorsees of bill of lading refusing to take delivery of containers on ground that contents were radio-active – Carriers bringing proceedings for specific performance nearly six years later – Whether contractual limitation period applicable by analogy – Whether defence of laches available in principle – Whether defendant had reasonable prospect of establishing defence of laches – Whether claimant had reasonable prospect of defeating defence of laches

(2006) 707 LMLN 1