Kenya Railways v. Antares Company Pte. Ltd. (The Antares) - Q.B.D. (Com.Ct.) (Leggatt J.) - 4 November 1985

Section 27 application - Whether court has discretion to extend time when Hague-Visby Rules one year limitation period applies with the “force of law”

The plaintiffs were consignees of machinery on board the vessel Antares . The machinery was carried under a bill of lading issued at Antwerp and on a form of the Mediterranean Shipping Company, who were the time charterers of the vessel. The voyage was from Antwerp to Mombasa. In the course of it damage was caused to the machinery, allegedly because it was stowed on deck. It was discovered on 17 February 1984, from which date time began to run for the purposes of the one year limitation period under the Hague-Visby Rules.