Fimbank Plc v KCH Shipping Co., Ltd [2022] EWHC 2400 – 28 September 2022 (Sir William Blair)

The Tribunal held the claims against the carrier for misdelivery after cargo discharge were time-barred by Art. III r.6 of the Hague Visby Rules. The Claimant (financiers and B/L holders) argued the Rules only applied to the sea voyage, not misdelivery from storage, and that the time-bar immunity ended when the cargo was discharged. The High court dismissed the appeal (s.69) and upheld the Tribunal’s award. Most deliveries take place after discharge, and outside of carrier’s control, and it would be odd if the critical distinction for time bar purposes depended on the timing of delivery. Such an interpretation was consistent with the objective of finality and to allow a carrier to “close his books”.