A recent UK Supreme Court judgment has clarified an important legal issue that affects misdelivery claims under the Hague Visby Rules. In this decision, the Court confirmed that the one-year time bar provided by Article III, Rule 6 applies to claims for misdelivery, even when misdelivery occurs after discharge.
In this case, a bank financed the purchase of coal cargo and later brought a misdelivery claim against the carrier after the cargo was discharged and allegedly misdelivered from storage —well beyond the one-year limit specified in Article III, Rule 6 of the Hague Visby Rules. The UK Supreme Court ruled that the one-year time bar applies to misdelivery claims, even when the misdelivery occurs after discharge, thereby discharging the carrier from liability.
This development is significant for shipowners because it reaffirms that any claim for mis delivery will also be subject to a time bar one year from delivery or the time the goods should have been delivered. Once that period expires, the carrier is discharged from all liability, providing finality and certainty to all parties involved.
The complete decision of the UK Supreme Court is accessible here.
Should any questions arise regarding its practical implications, please do not hesitate to contact the NNPC claims team at claims@nnpc.nl.
