In international sea carriage, deviation from the usual
geographic route has traditionally deprived the carrier of the
rights and defences (including time bar) available under the Hague
and Hague-Visby Rules.
This had been questioned in light of the abolition of the
"fundamental breach" rule by the House of Lords in 1980.
However, the recent case of Dera Commercial Estate v Derya
Inc [2018] EWHC 1673 (Comm) ("Dera v
Derya") has confirmed that the principle remains
valid.
Cargo interests do, however, have to choose when they become
aware of the deviation, whether to affirm the contract (in which
case all the rights and defences remain in force) or whether to
terminate it; and they would be well advised to bear these
consequences in mind when making that decision.
