Fimbank Plc v KCH Shipping Co., Ltd [2023] EWCA Civ 569– 24 May 2023 (Males LJ, Popplewell LJ, Nugee LJ)

The CA upheld the first instance judgment that the claims against the carrier for misdelivery were time-barred by Art. III r.6 of the Hague Visby Rules as they were brought more than one year after cargo discharge. The CA found that both the language and purpose of the rule and the travaux préparatoires of the convention make it clear that it applies even when misdelivery occurs after completion of discharge. Nor did the CA accept that Congenbill clause 2(c) disapplied the rule: if the carrier remains liable after discharge, there would be no reason to exclude the time-bar defence.