Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA [2023] EWCA Civ 1158

The holders of 4 B/Ls claimed against Owners for misdelivery of their logs carried on board “Taikoo Brilliance”. The CA upheld Owners’ argument that the claim was time-barred, as security proceedings against a sister ship did not count as the necessary “suit” under Art.III r.6 of the incorporated Hague-Visby Rules, and the substantive claim was made more than one year after delivery. The CA (overturning the Court below) also agreed that the fact that some logs were carried on deck did not disapply the Rules (and their time bar) under Art.1(c) as the B/Ls did not make it possible to identify which of the (non-homogenous) logs were carried on deck.

Read the full judgement here