Perfect Marine Ltd. v Sodrugestvo Turkey Tarim Tasimacilik Ithalat Ihracat Ticaret A.S. & Ors

Perfect Marine Ltd. v Sodrugestvo Turkey Tarim Tasimacilik Ithalat Ihracat Ticaret A.S. & Ors

The summary judgment and strike out applications are dismissed because the Time Bar Issue and Reliance Issue are properly arguable and should be determined at trial; the Misrepresentation Claims are sufficiently pleaded for present purposes and procedural history justifies their inclusion in the Reply.

Parties
Claimant: Perfect Marine Ltd.; First Defendant: Sodrugestvo Turkey Tarim Tasimacilik Ithalat Ihracat Ticaret A. S.; Second Defendant: Allseeds Switzerland S. A.; Third Defendant: Nela Gida Sanayi Ticaret Ltd. STI
Jurisdiction
England and Wales
Judgment Date
25 July 2025
Procedural Posture
Commercial Cargo Claim / Ruling on Summary Judgment and Strike Out Applications
Outcome
Applications dismissed
Legal Topics
Bills of Lading, Hague Rules Time Bar, Misrepresentation, Summary Judgment, Strike Out, Cargo Claims
Shipping Commercial Law International Trade Bills of Lading Hague Rules Time Bar Misrepresentation Summary Judgment Strike Out +1 more

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Parties

Perfect Marine Ltd.

Claimant

Sodrugestvo Turkey Tarim Tasimacilik Ithalat Ihracat Ticaret A. S.

First Defendant

Allseeds Switzerland S. A.

Second Defendant

Nela Gida Sanayi Ticaret Ltd. STI

Third Defendant

Procedural Posture

Commercial Cargo Claim / Ruling on Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the Shortage Claim and Misrepresentation Claims are time-barred under Article III Rule 6 of the Hague Rules
  2. 2 Whether the Defendants' reliance case in misrepresentation has a realistic prospect of success
  3. 3 Whether the Misrepresentation Claims are sufficiently pleaded

Ratio Decidendi

The summary judgment and strike out applications are dismissed because the Time Bar Issue and Reliance Issue are properly arguable and should be determined at trial; the Misrepresentation Claims are sufficiently pleaded for present purposes and procedural history justifies their inclusion in the Reply.

Court Disposition

Applications dismissed

Orders

  • The Claimant's applications for summary judgment and strike out are dismissed.
  • Parties invited to submit written submissions as to consequential matters.