Akademik Veri Yönetim Sistemi
The Journal of International Maritime Law, cilt.30, sa.5, ss.305-311, 2025 (Hakemli Dergi)
The English High Court’s recent decision in Trafigura Pte Ltd v TKK Shipping Pte Ltd (The Thorco Lineage) significantly redefines the scope of a carrier’s limitation of liability under the Hague-Visby Rules. The ruling marks a decisive shift in judicial interpretation by affirming that the term ‘goods lost or damaged’ in Article 4(5)(a) encompasses not only physical damage but also pure economic losses resulting from delay. This breakthrough comes in response to a long-standing legal vacuum in the Rules, which do not explicitly regulate delay-induced financial loss in the absence of cargo deterioration. The Court adopted a purposive construction of Article 4(5)(a) of the Hague-Visby Rules, concluding that the carrier’s right to limit liability extends to economic losses arising from delay, irrespective of any physical damage to the cargo. The judgment affirms that limitation may be calculated based on the provision. This reasoning departs from earlier judicial approaches that restricted limitation to instances involving material harm and instead introduces a standard more consistent with the practical and commercial expectations of contemporary maritime trade. By reconciling legal certainty with operational risk, the judgment has far-reaching implications for future litigation and arbitral decisions, fostering uniformity and predictability in the treatment of delay-related claims under international shipping law.