The Hague-Visby Rules 1968 have only ever regulated the carriage of goods by sea, starting with loading and ending with discharge. But does this also hold for the time bar contained in Art.III r.6, or is that rule the cuckoo in the Hague-Visby nest? In FIMBank v KCH Shipping (The Giant Ace) (No 2),1 the Court of Appeal opted for the latter position. Notwithstanding the general scope of the Rules, the Court held that the Hague-Visby time bar applies to claims for post-discharge misdelivery.

The underlying facts involved an alleged misdelivery of steam coal, said to have occurred some six weeks after discharge into stockpiles. FIMBank was the holder of