Atlas Claims InsightsPublished 14 October 2026 · Reviewed 14 October 2026 · 6 min readKey takeaways
- Give written notice of loss or damage at discharge, or within three days if it is not apparent, under the Hague-Visby Rules.
- Joint surveys, outturn reports and photographs taken at the time decide most cargo claims.
- Hague-Visby claims are time-barred after one year unless suit is brought or an extension agreed in writing.
- Identify the right defendant early: carrier, shipowner, charterer or terminal.
Cargo claims are among the most common disputes in shipping, and among the most often lost on procedure. The steps taken in the first few days after discharge usually decide whether a claim succeeds.
1. Give notice promptly
Where the Hague-Visby Rules apply, written notice of loss or damage should be given to the carrier at or before the removal of the goods at discharge or, if the loss or damage is not apparent, within three days. Late notice does not automatically defeat the claim, but it makes the cargo interest’s evidential task much harder.
2. Secure the evidence
- Arrange a joint survey with the carrier’s or P&I club’s surveyor where possible.
- Keep outturn reports, tally sheets, draft surveys and photographs.
- Retain samples for quality or contamination claims, with a clear chain of custody.
3. Identify the right defendant
The claim is usually against the contractual carrier under the bill of lading, which may be the shipowner or a charterer depending on the bill. Terminals, stevedores and inland carriers may also be responsible. Getting this wrong can waste the time bar.
4. Protect the time bar
Under the Hague and Hague-Visby Rules, the carrier is discharged unless suit is brought within one year of delivery, or of the date when the goods should have been delivered. Extensions should be agreed in writing, with the right party, before the year expires.
5. Understand limitation
Carriers can usually limit liability per package or per kilo under the applicable rules, unless the value of the goods was declared in the bill of lading. Limitation can significantly reduce the recoverable amount for high-value cargo.
6. Present a complete claim
Set out the shipment, the loss, the evidence and the calculation clearly. A complete, well-supported claim is far more likely to be settled by the carrier or its P&I club without arbitration or court.
Quick answers
When should I notify a cargo damage claim?
At or before removal of the goods at discharge, or within three days if the damage is not apparent, where the Hague-Visby Rules apply.
Who do I claim against for cargo damage?
Usually the carrier named in the bill of lading, but the shipowner, charterer or terminal may be responsible depending on the contract and facts.
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This guide is general information about the law of England and Wales as at October 2026. It is not legal advice and may not cover your situation. Atlas Claims is not a law firm; for advice on your legal rights or on litigation, consult a qualified solicitor.
