Alba Exotic Fruit SH PK v MSC Mediterranean Shipping Company S.A. [2019]

Alba Exotic Fruit SH PK v MSC Mediterranean Shipping Company S.A. [2019] EWHC 1779 — 3 June 2019 (Rawlings J)

“Just before the 1-year time bar in 2014, Alba commenced cargo claim proceedings against MSC. In 2018, MSC (who had counterclaimed for cargo disposal) applied to strike out the claim because Alba failed to apply for a CMC by the deadline set in the CPR. Despite finding the 4-and-a-half-year delay inordinate and inexcusable, the Court declined to strike out, as serious prejudice had not been caused to MSC, nor had a fair trial been prejudiced. Relevant factors were the absence of intentional delay or wholesale disregard of the CPR. Nevertheless, despite the usual conditions not being satisfied but to reflect Alba's "serious default", the Court ordered it to secure MSC's costs.”

Louise Glover
E. G. Arghyrakis & Co.
21st August 2019