IMPEX TRANSPORT AKTIESELSKABET v. A. G. THAMES HOLDINGS LTD. (T/A JOHN GIBB & SONS)

[1981] 2 Lloyd's Rep. 566

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Robert Goff

Carriage by road - C.M.R. - Limitation of time - Plaintiffs claimed balance of freight - Defendants alleged damage to consignments - Whether defendants' right of action was exercised by counterclaim before expiry of limitation period - Whether defendants' affidavit amounted to an exercise of their right of action - C.M.R. art. 32.