Warner v Scapa Flow Charters [2017] ScotCS CSIH_13 (16 February 2017)

Warner v Scapa Flow Charters [2017] ScotCS CSIH_13 (16 February 2017)

Section 18(2)(b) of the 1973 Act does not suspend or interrupt the two-year limitation period under Article 16 of the Athens Convention; it merely provides an alternative commencement date, which cannot override the Convention's fixed start date. However, section 18(3) does provide for suspension or interruption of the limitation period during periods of legal disability, such as nonage. Therefore, the claim by the pursuer as guardian of her son is not time barred, but her individual claim is time barred.

Citation
[2017] ScotCS CSIH_13
Parties
Pursuer and Reclaimer: Debbie Warner; Defenders and Respondent: Scapa Flow Charters
Jurisdiction
Scotland
Judgment Date
16 February 2017
Procedural Posture
Appeal (reclaiming Motion) From Dismissal of Action on Time Bar Grounds / Appeal (inner House, Court of Session, Extra Division)
Outcome
Appeal allowed in part; individual claim time barred, claim as guardian not time barred.
Legal Topics
Athens Convention, Prescription and Limitation (scotland) Act 1973, Time Bar, Suspension and Interruption of Limitation Periods, Death by Personal Injury, Legal Disability (nonage)
Maritime Law Limitation of Actions Personal Injury Athens Convention Prescription and Limitation (scotland) Act 1973 Time Bar Suspension and Interruption of Limitation Periods Death by Personal Injury +1 more

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Parties

Debbie Warner

Pursuer and Reclaimer

Scapa Flow Charters

Defenders and Respondent

Procedural Posture

Appeal (reclaiming Motion) From Dismissal of Action on Time Bar Grounds / Appeal (inner House, Court of Session, Extra Division)

Legal Issues

  1. 1 Does section 18(2)(b) or 18(3) of the Prescription and Limitation (Scotland) Act 1973 provide grounds for suspension or interruption of the two-year time bar under Article 16 of the Athens Convention?
  2. 2 Is the claim by the pursuer as guardian of her son time barred under the Athens Convention?

Ratio Decidendi

Section 18(2)(b) of the 1973 Act does not suspend or interrupt the two-year limitation period under Article 16 of the Athens Convention; it merely provides an alternative commencement date, which cannot override the Convention's fixed start date. However, section 18(3) does provide for suspension or interruption of the limitation period during periods of legal disability, such as nonage. Therefore, the claim by the pursuer as guardian of her son is not time barred, but her individual claim is time barred.

Court Disposition

Appeal allowed in part; individual claim time barred, claim as guardian not time barred.

Orders

  • Adhere to the Lord Ordinary's interlocutor dismissing the pursuer's individual claim.
  • Recall the interlocutor dismissing the claim as guardian of Vincent Warner; find that claim not time barred.