Take care with CMR rejections
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Even the most experienced international hauliers can be caught out by the CMR provisions. In general any claim under a CMR contract must be brought within 12 months from the relevant date.
It is possible to extend this period by making a written claim against the offending party. The limitation period will only start to run again when "the carrier rejects the claim by notification in writing and returns the documents attached thereto".
In most cases the claims are being brought against the haulier (typically because the goods have been damaged in transit) so it is essential that claims are properly rejected in appropriate cases. Recent case-law has made it quite clear that the rejection must be absolute. To say in writing words to the effect of "we do not regard ourselves as being responsible, but are forwarding the papers to our insurers for their views" is insufficient.
The rejection must be absolute and the original documents supporting the claim must be returned.
From a practical point of view getting this rejection right is vital. Many customers may well be unaware of the 12-month rule and failure to reject properly will enable claims to be successfully pursued.