FORT STERLING LTD. AND ANOTHER v. SOUTH ATLANTIC CARGO SHIPPING N.V. AND OTHERS (THE “FINNROSE”)

[1994] 1 Lloyd's Rep. 559

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Rix

Carriage by sea - Application to strike out - Want of prosecution - Damage to cargo - Delay in prosecuting claim - Whether delay inordinate and inexcusable - Whether delay likely to cause serious prejudice to defendants - Whether application to strike out for want of prosecution should be granted. Carriage by sea - Limitation of time - Damage to cargo - Action brought within limitation period - Delay in prosecution of action - Limitation period unexpired - Whether application to strike out for want of prosecution should be granted.