The following Commercial practice note produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court provides comprehensive and up to date legal information covering:
This Practice Note explains the Hague-Visby Rules (the Rules) which are an international convention enacted into English law by the Carriage of Goods by Sea Act 1971 (CGSA 1971) whose purpose is to regulate some of the most important rights and obligations under bills of lading for carriage of goods by sea. The Practice Note covers the scope of the Rules, the carrier’s responsibilities under them, the carrier’s limitations of liability and immunities available under the Rules and the relevant time bars.
The Rules are a modified version of the Hague Rules, enacted by the CGSA 1924. The changes were brought about by the Visby protocol of 1971. The Hague Rules still apply in some circumstances and will be referred to briefly in this Practice Note for the purposes of comparison.
Other major rules which may be applicable to carriage of goods by sea but which fall outside the scope of this Practice Note include the Hamburg Rules (1978) and the Rotterdam Rules (2008).
Under Article X, the Rules apply where:
the bill of lading is issued in a contracting state
the shipment is from a port in a contracting state
the contract of carriage contained in or evidenced by the bill of lading expressly says that they (or national legislation giving effect to them) will apply to it
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand. For further guidance, see Practice Note:
Issue of redeemable sharesA limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and
0330 161 1234