ABSTRACT
This chapter considers the particular limitation provisions, in order of their length, the equitable doctrine of laches as it applies in Admiralty proceedings, and the Foreign Limitation Periods Act 1984. It is well settled that the Hague Rules time bar is substantive in that its effect is not simply to bar the remedy, but to extinguish altogether the cause of action. An action brought by a party without title to sue does not suffice to prevent the carrier from being discharged of all liability because "suit is brought" means suit brought by someone properly entitled to bring it against the correct defendant. The vast majority of cargo claims against the ship in which the goods were carried will be subject to a one-year time bar, where the Hamburg Rules are applicable a two-year time bar will apply. The Hague-Visby Rules were given the force of law in England by the Carriage of Goods by Sea Act 1971.
