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ARTICLE · 08 APRIL 2025

FIMBank Plc v KCH Shipping Co. Ltd: A time bar ace up the sleeve

Holding Redlich
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English SC clarifies application of 1-year time bar. Discusses judgement & possible implications. English & Australian laws differ.

AustraliaTransport
Nathan Cecil
Nathan Cecil
Michael Tatham
Michael Tatham
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The English Supreme Court has provided much needed clarity on the application of the 1-year time bar in Article III Rule 6 of the Hague and Hague-Visby Rules. The Court held that the time bar will apply to all claims for breach of duty of the carrier before delivery, including claims for misdelivery after discharge. In reaching this decision, the Court also considered Australia's approach to the application of Article III Rule 6. We discuss this judgement below and its possible implications.

Case background

InFIMBank Plc v KCH Shipping Co. Ltd (The Giant Ace) [2024] UKSC 38 (The Giant Ace), a claim of misdelivery was made against the carrier, KCH Shipping Co. Ltd, when a consignment of steam (non-coking) coal (the cargo) was delivered to the Indian ports of Jaigarh and Dighi between 1 and 18 April 2018 against a letter of indemnity (LOI) and without production of the original Bills of Lading. In shipping, its common practice for cargo to be delivered without

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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