FIMBank plc v KCH Shipping Co Ltd [2024] UKSC 38

Misdelivery and time bars

The UK Supreme Court finally had the opportunity to consider the applicability of the time bar defence in the Hague and Hague-Visby Rules to misdelivery claims where the misdelivery of the cargo occurs after discharge - and to put the issue to rest once and for all. The Supreme Court concluded that not only the Hague-Visby Rules but also the Hague Rules article III rule 6 applied to claims for misdelivery after discharge.