Thursday, 28 April 2011

ARTICLE: Common Suit Time Limits ("Time Bars")

Below is a "cheat sheet" of the most common time limits to bring a claim in shipping law (based on English law). Generally it is necessary to issue legal proceedings before the relevant time limit expires (or appoint an arbitrator where that is allowed), and not doing so typically extinguishes both the cause of action and the claim itself. In other words not only can;t you bring the claim to court but you lose the right to the remedy at all so you cannot even use it as a counterclaim or set off in a claim made against you.


CARGO CLAIMS
HAGUE RULES - 1 YEAR
HAGUE VISBY RULES - 1 YEAR
HAMBURG RULES - 2 YEARS
INLAND TRANSIT RULES - 1 YEAR


COLLISION
GENERALLY - 2 YEARS


FFO 
GENERALLY - 6 YEARS (BASIC TORT / CONTRACT LIMIT)


PERSONAL INJURY
GENERALLY - 3 YEARS
OF PASSENGER CARRIED UNDER ATHENS CONVENTION - 2 YEARS


POLLUTION
GENERALLY - 3 YEARS

OTHER CONTRACT / TORT
GENERALLY - 6 YEARS

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