R J Tilbury & Sons (Devon) Ltd. (t/a East Devon Shellfish) v Alegrete Shipping Co Inc & Ors

R J Tilbury & Sons (Devon) Ltd. (t/a East Devon Shellfish) v Alegrete Shipping Co Inc & Ors

The appellant's loss was secondary economic loss, not directly caused by contamination within the meaning of section 153 of Schedule 4 to the Merchant Shipping Act 1995; the statute is focused on physical contamination and its immediate consequences, and does not extend to losses suffered by processors remote from the contaminated area.

Parties
Claimant/appellant: R J Tilbury & Sons (Devon) Ltd T/a East Devon Shellfish; First Defendant: Alegrete Shipping Co Inc (Owners of the ship 'Sea Empress'); Second Defendant: Assuranceforeningen Skuld (Gjensidig); Third Defendant/respondent: The International Oil Pollution Compensation Fund 1971; Second Defendant: The Secretary of State for the Environment, Transport and the Regions; Third Defendant: All other persons claiming or being entitled to claim compensation and/or damages by reason of, or arising out of, the grounding of the ship 'Sea Empress'
Jurisdiction
England and Wales
Judgment Date
07 February 2003
Procedural Posture
Civil Appeal / Appeal From Preliminary Issue Judgment
Outcome
Appeal dismissed
Legal Topics
Oil Pollution Compensation, Economic Loss, Strict Liability, Remoteness of Damage
Environmental Law Maritime Law Statutory Interpretation Oil Pollution Compensation Economic Loss Strict Liability Remoteness of Damage

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Parties

R J Tilbury & Sons (Devon) Ltd T/a East Devon Shellfish

Claimant/appellant

Alegrete Shipping Co Inc (Owners of the ship 'Sea Empress')

First Defendant

Assuranceforeningen Skuld (Gjensidig)

Second Defendant

The International Oil Pollution Compensation Fund 1971

Third Defendant/respondent

The Secretary of State for the Environment, Transport and the Regions

Second Defendant

All other persons claiming or being entitled to claim compensation and/or damages by reason of, or arising out of, the grounding of the ship 'Sea Empress'

Third Defendant

Procedural Posture

Civil Appeal / Appeal From Preliminary Issue Judgment

Legal Issues

  1. 1 Whether economic loss suffered by the appellant was 'damage caused by contamination' under section 153 of Schedule 4 to the Merchant Shipping Act 1995
  2. 2 Scope of statutory liability for pure economic loss resulting from oil pollution

Ratio Decidendi

The appellant's loss was secondary economic loss, not directly caused by contamination within the meaning of section 153 of Schedule 4 to the Merchant Shipping Act 1995; the statute is focused on physical contamination and its immediate consequences, and does not extend to losses suffered by processors remote from the contaminated area.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for respondent; no compensation payable to appellant under section 153 of Schedule 4 to the Merchant Shipping Act 1995