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Time Limits

Every recovery claim will have a time limit to be pursued against a third party responsible for losses suffered as a result of an incident. These time limits vary depending upon the type of recovery claim and also the jurisdiction for the case. If a recovery claim is not resolved within the applicable time limit period, a time extension will have to be obtained from the third party against whom the claim is being pursued in order to keep the case alive. If such a time extension is not volunteered, then, if necessary, proceedings will have to be implemented in order to ensure that the recovery claim against the third party is protected. If an applicable time limit is not extended or protected, then the recovery claim will almost definitely be lost. This is irrespective of whether the recovery claim was worth USD 100 or USD 10,000,000. Accordingly, it is imperative to be aware of any such applicable time limits.

As mentioned above, time limits vary depending upon the type of recovery claim and the jurisdiction for the case. Generally, for most recovery claims, a time limit of either 9 months or 1 year will be applicable and can be taken from the date that the incident causing the loss occurred. However, some recovery claims can have much shorter time limits. Probably the most onerous time limit is the one applicable for recovery claims involving shipments by air where, generally, there is a 14 day time limit for formal notification of a loss being provided to the carrier from date of delivery. If such notification is not given within this period, then any recovery claim for a shipment by air will almost definitely be lost. If such notification is given for a shipment by air, a time limit of at least 1 year will then usually apply.

Stean Shaw LLP provides assistance and guidance to our clients on applicable time limits for recovery claims. When handling recovery claims we obtain appropriate time extensions and, if necessary, can implement protective measures to ensure that a recovery claim is not lost by way of expiry of a time limit. In view of potential time limits, we encourage our clients to contact us as quickly as possible after a loss occurs in order that we may ensure that their interests are fully protected. Since we act on a “no win – no fee” basis, this input and assistance does not involve any cost from Stean Shaw LLP “upfront” to our clients and a charge will only be made by Stean Shaw LLP when we succeed in obtaining a recovery for our clients.

	If you have any enquiries about Stean Shaw LLP, our services and fees, or questions on time limits, our team would be happy to hear from you through our listed contact details. Alternatively, use our contact page.

For further assistance please contact Stean Shaw LLP, PO Box 283, Woodbridge, IP13 9BF,
telephone +44 (0)20 7480 7127, fax +44 (0)20 7265 1109 or email stean@steanshaw.co.uk
Stean Shaw LLP is a limited liability partnership registered in England and Wales with registered number OC330861