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Switch bills of lading and cargo documents illustrating the Hague Rules one-year time bar.

Legal Update

BILLS OF LADING · SWITCH BILLS — ONE YEAR UP, CLAIM STILL ALIVE? HIGH COURT EXAMINES THE HAGUE RULES TIME BAR

2 min read
Maritime & Shipping LawAdmiraltyCivil Procedure
In this update
  1. 01Summary and Facts
  2. 02Legal Issues
  3. 03Court Findings
  4. 04Practical Implications

Summary and Facts

Perfect Marine Ltd v Sodrugestvo Turkey Tarim Tasimacilik Ithalat Ihracat Ticaret AS [2026] 2 Lloyd’s Rep 72 concerned a cargo of soybeans shipped in 2021 from Brazil under bills of lading stating good order and condition. The vessel could not discharge in Ukraine and went to Aliaga, Turkey, where a joint inspection found the cargo was not in good order. Switch bills attesting to good order and condition were then issued, backdated to loading. The bills incorporated the Hague Rules. The defendants added counterclaims for short delivery and misrepresentation. The claimant applied for summary judgment or strike-out, saying they were outside the one-year time bar in article III rule 6.

Legal Issues

  • Whether the claimant could rely on the time bar to obtain summary judgment or strike-out.

  • What a cargo claimant must do to stop time running under “unless suit is brought”.

  • Whether the misrepresentation claims had a realistic prospect of success.

Court Findings

  • Applications dismissed

    • The case management conference had sent the time bar to trial, and reopening it would disrupt the trial timetable.

  • Time bar question unsettled

    • The authorities on what stops time running do not speak with one voice, so the point was unsuitable for summary judgment.

  • Misrepresentation claims arguable

    • The defendants had a realistic prospect of showing they did not appreciate how serious the falsity was, and that false implied representations induced their acceptance.

Practical Implications

The decision is procedural and does not finally decide whether the claims are time-barred.

  • A time bar defence should be raised at the case management stage, and a court will be reluctant to reopen it on a summary application once the trial timetable has been fixed.

  • Unsettled questions on article III rule 6 are unlikely to be resolved summarily, so cargo claimants should still issue within one year.

  • Carriers issuing switch bills with statements on cargo condition may face misrepresentation claims that are not necessarily subject to the same time bar argument.