Anderson & Ors v International Oil Pollution Compensation Fund & Ors [2001] ScotCS 55 (8 March 2001)

Anderson & Ors v International Oil Pollution Compensation Fund & Ors [2001] ScotCS 55 (8 March 2001)

Objectors were entitled to expenses as claims failed, and separate representation justified separate awards despite overlap; expenses abated by 15% due to unnecessary prolongation by certain evidence; legal aid modification for Miss Fowlie granted to nil based on means; expert witness certification granted with limitations based on scope of expertise.

Citation
[2001] ScotCS 55
Parties
Claimant: Christopher Andrew Anderson; Claimant: John Desmond Black; Claimant: Geoffrey Brown; Claimant: Doreen Brown; Claimant: Sheila Fowlie; Claimant: Gordon Johnston; Claimant: Linda Jane Johnston; Claimant: John Robert McLachlan; Pursuer: Assuranceforeningen Skuld; Defender/objector: The International Oil Pollution Compensation Fund; Defender: The Braer Corporation; Objector: James L R Robb; Objector: Brian Robb; Objector: Huxter Salmon Limited
Jurisdiction
Scotland
Judgment Date
08 March 2001
Procedural Posture
Civil (limitation and Payment Actions) / Post Proof Motions and Expenses Determination
Outcome
Claims dismissed; expenses awarded to objectors and defenders with abatement; modification of expenses for legally aided party; certification of expert witnesses with limitations.
Legal Topics
Limitation of Liability, Oil Pollution Compensation, Expenses (costs), Expert Witness Certification, Legal Aid Modification
Civil Procedure Environmental Law Maritime Law Limitation of Liability Oil Pollution Compensation Expenses (costs) Expert Witness Certification Legal Aid Modification

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Parties

Christopher Andrew Anderson

Claimant

John Desmond Black

Claimant

Geoffrey Brown

Claimant

Doreen Brown

Claimant

Sheila Fowlie

Claimant

Gordon Johnston

Claimant

Linda Jane Johnston

Claimant

John Robert McLachlan

Claimant

Assuranceforeningen Skuld

Pursuer

The International Oil Pollution Compensation Fund

Defender/objector

The Braer Corporation

Defender

James L R Robb

Objector

Brian Robb

Objector

Huxter Salmon Limited

Objector

Procedural Posture

Civil (limitation and Payment Actions) / Post Proof Motions and Expenses Determination

Legal Issues

  1. 1 Whether expenses should be awarded to objectors following failure of claims
  2. 2 Whether separate representation justifies separate awards of expenses
  3. 3 Modification of expenses liability for legally aided party

Ratio Decidendi

Objectors were entitled to expenses as claims failed, and separate representation justified separate awards despite overlap; expenses abated by 15% due to unnecessary prolongation by certain evidence; legal aid modification for Miss Fowlie granted to nil based on means; expert witness certification granted with limitations based on scope of expertise.

Court Disposition

Claims dismissed; expenses awarded to objectors and defenders with abatement; modification of expenses for legally aided party; certification of expert witnesses with limitations.

Orders

  • Interlocutor of 14 February 2001 altered to correct slip regarding liability wording.
  • Miss Fowlie awarded expenses against Huxter Salmon Limited for specific motion.