FIMBANK PLC V KCH SHIPPING CO LTD (THE "GIANT ACE")

[2024] UKSC 38, Supreme Court, UK, Lord Hodge, Deputy President, Lord Sales, Lord Hamblen, Lord Leggatt, Lord Richards, 13 November 2024

Contracts (bills of lading) – Misdelivery – Claim for misdelivery occurring after discharge – One-year time limit for claims – Application of Hague Rules time bar to claims for misdelivery of cargo after discharge from the vessel – Period of responsibility under Hague Rules – Period between discharge and delivery – Contractual application of Hague-Visby Rules – Application of Hague-Visby Rules to misdelivery after discharge – Hague Rules and Hague-Visby Rules, article III, rule 6

The claimant, also appellant, was a trade finance bank and the defendant, also respondent, was the demise charterer and contractual carrier of goods under certain bills of lading held by the bank.