ABSTRACT
This chapter analyses the origins of the delay exclusion from the scope of cargo policies and assess whether the earlier authorities can survive the changes in law as to the rule of proximate causation. In cargo insurance, delay cover may be provided in the British market on an ad hoc basis by express provision in the policy by including the wording 'deterioration from any cause' against a higher premium. Delay is an event which is capable of causing loss of or damage to perishable goods. Therefore most of the cases constituting the basis of the current law on delay as an excluded peril are on deterioration of perishables. The pre-MIA authorities on perishable goods and delay have not been tested after the enactment of the MIA in England. It is nevertheless possible to make speculations on the basis of recent and relevant case law from other jurisdictions and the technological developments in shipping and containerising.
