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Admiralty (time limits)

(Time Limits)

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Type of Claim

Time limit

Notes

Link

Statutory reference

Last updated

Author

against Carrier of Goods at Sea

1 year from delivery of goods

The 1 year period can be extended  in respect of 3rd party indemnity claims .

Marine Engineering Notes

Carriage of Goods by Sea Act 1971, Schedule, Article III Rule 6 and Rule 6bis


HJS

Personal Injury on a ship

2 years from date of disembarkation of passenger

the limitation period can be extended by written declaration of the carrier or by agreement of the parties after the cause of action has arisen.

Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974, art 16

Merchant Shipping Act 1995 sch 6 Art 16


HJS

Personal Injury to someone on another ship (eg from collision) or damage to cargo on another ship

2 years from date of injury or damage

the limitation period can, and in some cases must, be extended by the court

Brussels Collision Convention 1910, art 7

Merchant Shipping Act 1995 s.190


HJS

Enforcement of arbitration awards etc

6 years from date on which cause of action accrued

This is a general time limit for enforcement of most awards, not just in maritime cases.

Practical Law notes on National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330

Limitation Act 1980 s.7


HJS

General average

6 years

"General Average" refers to calculation of contribution to losses suffered by the owner of cargo jettisoned to save a ship and the rest of its cargo.

The York-Antwerp rules 2016 governing general average are set to replace the 1994 and 2004 versions

Limitation Act 1980 s.5


HJS

Salvage contributions

2 years from termination of salvage operation


International Convention on Salvage 1989 art 23

Merchant Shipping Act 1995 part IX


HJS

The online Admiralty & Maritime Law Guide is a useful general reference.

This is a preliminary test site only.  When ready it will be available as an app for I-phone, I-pad and android devices.  

The info on this site is restricted to law in England and Wales. Users must check accuracy for themselves.  Neither the publishers nor info providers accept liability whether for any errors or omissions or otherwise.

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