||All England Reporter
|| All ER (D) 192 (May)
|| EWCA Civ 664
||Court of Appeal, Civil Division
Sir Andrew Morritt V-C, Clarke and Kay LJJ
||Richard Lord QC and Michael Bools (instructed by Clyde & Co) for the claimant.
||Stewart Boyd QC and Sara Cockerill (instructed by Watson Farley & Williams) for the defendant.
||15 May 2003
Shipping and navigation - Carriage of goods by sea - Hague-Visby Rules - Discharge of carrier from liability in respect of goods unless suit brought within one year of delivery of goods - Meaning of 'within one year of delivery' - Carriage of Goods by Sea Act 1971, Schedule, art III, r 6.
For the purposes of artIII, r6 of the Hague-Visby Rules, the relevant question in deciding when delivery had been made was whether the delivery was delivery in performance of the contract. However, an important consideration in deciding that question was whether the delivery was made under an entirely separate and distinct transaction. If, looking at all the circumstances of a case, it could fairly be said that there was delivery under the contract of carriage, even if that contract had been varied in some respects in the light of problems that had arisen during the voyage, it would in general be appropriate to hold that there had been 'delivery' within the meaning of artIII, r6 of the Rules.
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