Fimbank Plc v KCH Shipping Co Ltd [2020]

Fimbank Plc v KCH Shipping Co Ltd [2020] EWHC 1765 — 3 July 2020 (Cockerill J DBE)

“The claimant bank, holder of the b/Is, applied under s.12 of the Arbitration Act to extend the 1 year Hague/Hague Visby Rules time for commencing suit (here arbitration) for misdelivery against the disponent owner carrier, KCH. The bank had started proceedings against the registered owner ignoring the bareboat c/p. The Court in its discretion rejected the application as no requirement of s.12 was satisfied: (i) a simple negligent omission (here the bank's solicitors wrongful identification of the carrier — albeit reinforced by KCH's misleading correspondence) could not be outside the reasonable contemplation of the parties; (ii) KCH's conduct did not amount to heavy fault and did not make it unjust to decline to extend as a considerable portion of the causative burden lay with the bank's solicitors who failed to act skilfully.”

Antonino Cordopatri
E. G. Arghyrakis & Co.
08th July 2020