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The conclusion drawn is, in the writer’s view, correct. That the Hague Rules as amended by the Visby Protocol do not explicitly spell out the answer in black and white suggests, to the writer, that the intention of the extent to which the Hague-Visby Rules would apply to post-discharge cargo misdelivery was considered to be obvious in the context of the debate and decision of the CMI members.
The judgment in this case has no doubt brought a greater degree of comfort in relying on this view, but the writer envisages that this question of law may possibly go to the UK Supreme Court in the future for a defintive definitive decision.
