P & O Nedlloyd BV v Arab Metals Co and Others (The "UB Tiger") - QBD (Com Ct) (Colman J) - 22 June 2005

Practice - Amendment - Claimant seeking to amend particulars of claim to raise new claims after expiry of limitation period - Whether court had jurisdiction to entertain application

The claimants said that they were the carriers under a bill of lading contract in respect of two containers of scrap for carriage from Alexandria to Felixstowe on board their vessel UB Tiger, followed by on-carriage to a final destination in the UK to be nominated. The second and third defendants disputed the allegation that the contract provided for carriage beyond Felixstowe. The first defendants were the shippers, the second defendants were named consignees and the third defendants were indorsees of the bill of lading from the second defendants. Shipment from Alexandria took place on 7 May 1998 and the bills of lading were endorsed on 18 May 1998. On 27 May 1998 the claimants were asked by fax from W M Martin & Co (Marine) Ltd, agents allegedly acting on behalf of one or some of the defendants, to deliver the containers to the third defendants at Hamilton in Scotland.