DEEP SEA MARITIME LTD v MONJASA A/S (THE “ALHANI”)

[2018] 2 Lloyd's Rep. 563

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Foxton

Carriage of goods by sea – Limitation of action – Cargo delivered without production of bills of lading – Cargo interests alleging misdelivery by carrier – Cargo interests bringing timeous proceedings against carrier in Tunisia in breach of exclusive jurisdiction clause – Carrier seeking declaration of non-liability in English courts relying on Hague Rules time-bar – Application of Hague Rules time bar to misdelivery claims – Whether commencement of Tunisian proceedings defeated carrier's time bar defence – Hague Rules 1924, article III rule 6.