Home ShipmanagementLegal HFW Briefing – Time bars: miss them at your peril

HFW Briefing – Time bars: miss them at your peril

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HFW NOV 2015 shipping

Time bars: miss them at your peril

On 15 October 2015, the English Court of Appeal handed down a judgment which endorsed the position that lawyers who fail to appreciate the fundamental differences in relation to actions in rem and in personam may well lose their client’s right to pursue the claim.

The Judgement arose out of two cases (Stolt Kestrel BV v Sener Petrol Denizcilik Ticaret AS (STOLT KESTREL c/w NIYAZI S) and CDE S.A. v Sure Wind Marine Limited (SB SEAGUARD c/w ODYSSÉE) which were heard together since both involved issues in relation to the discretion which may be exercised by the English Courts to extend the two year time limit for collision claims under section 190(3) of the Merchant Shipping Act 1995 (MSA 1995).

HFW acted for the successful parties in both cases.

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Whilst every care has been taken to ensure the accuracy of this information at the time of publication, the information is intended as guidance only. It should not be considered as legal advice.

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