- Applied — FIMBank Plc v KCH Shipping Co Ltd 2023-05-24
“…it is necessary to determine whether Article III, rule 6 of the Hague Visby Rules applies to the bank’s claim. If it does, the claim is extinguished: The Aries [1977] 1 WLR 185. If it does not, the ordinary six year period specified by the Limitation Act 1980 applies and the bank’s claim is in time. The arbitrators held, and the judge…”
- Cited — FIMBank Plc v KCH Shipping Co Ltd 2023-05-24
“… different conclusion. While the time limit “meets an obvious commercial need, namely, to allow shipowners, after that period, to clear their books” (The Aries [1977] 1 WLR 185, 188G), there is a difference between a typical cargo claim and a claim for misdelivery. In the case of a typical cargo claim, the carrier will need to investi…”
- Cited — FIMBank Plc v KCH Shipping Co Ltd 2023-05-24
“…achieve finality and, in this case, enable the shipowner to clear his books (see Aries Tanker Corp v Total Transport Ltd, The Aries [1977] 1 All ER 398 at 402. [1977] 1 WLR 185 at 188.”…”
- Cited — Ras Al Khaimah Investment Authority v Azima 2021-03-12
“…In The Aries [1977] 1 WLR 185, 191 Lord Wilberforce also referred to requirement for some equitable ground for intervention:…”