K. Lokumal & Sons (London) Ltd. v. Lotte Shipping Co. Pte. Ltd. (The August Leonhardt) - Court of Appeal (Oliver, Kerr and Lloyd L.JJ.) - 21 March 1985

Whether shipowners estopped from pleading time bar

The plaintiff cargo owners sued the defendant shipowners under a bill of lading in respect of damage caused to 915 bags of sugar. The Hague Rules time limit expired on 26 January 1982. Initially the plaintiffs’ solicitors had dealt with the charterers. They were subsequently referred to the “identity of carrier” clause in the bill of lading, which provided that only the shipowners were to be liable for any loss or damage or breach of the bill of lading terms. The plaintiffs’ solicitors then dealt with the shipowners’ P. & I. Club.