The Temporal Scope of the Hague-Visby Rules: Conventional Position Reinstated

Abstract

At first instance in FIMbank Plc v KCH Shipping Co Ltd (FIMBank (HC))1 was a long-standing question, which was whether the time limit of the Hague-Visby Rules would apply to misdelivery events occurring after discharge was addressed. This clearly provides certainty, as all the previous authorities arose on the application of the time limit in the Rules to misdelivery events occurring on or before discharge. However, there was also an alternative ruling for the same conclusion at first instance. Unlike the main ruling, it seemed to muddy the waters in terms of being capable of potentially extending the regime of the Rules beyond discharge. The Court of Appeal,2 upholding the trial judge’s decision, seriously doubted the alternative ruling, which had involved a shift in the balance provided in the Hague-Visby Rules against cargo interests. The decision in the Court of Appeal may have the effect of restoring this imbalance created by the decision at first instance, which will be discussed in this article. © 2023 Thomson Reuters and Contributors.