Case by Case

#66 Bull's Eye???


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This week Luke and Calum discuss English Court of Appeal case FIMBank PLC v KCH Shipping Co Ltd (“The Giant Ace”) [2023] EWCA Civ 569.

This is a good one. All about whether a claim for misdelivery arising after discharge of the goods from the vessel is time barred or not. Hague Rules versus Hague Visby Rules... Is there a big difference between the two versions of the Convention on the application of the one year time bar to post-discharge misdelivery claims? The court states that it found the "bull's eye" in the travaux préparatoires reaching its decision... We ask, with respect, did it really?

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Case by CaseBy Floyd Zadkovich

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