Fowlie & Ors v International Oil Pollution Compensation Fund & Ors [1999] ScotCS 160 (24 June 1999)

Fowlie & Ors v International Oil Pollution Compensation Fund & Ors [1999] ScotCS 160 (24 June 1999)

It would be unfair and procedurally improper to allow the objector to raise the issue of title and interest to sue at this late stage, given the history of the claim, prior correspondence, and the absence of fair notice. The motion for late lodging of productions is refused.

Citation
[1999] ScotCS 160
Parties
Claimant: Sheila Fowlie; Pursuer: Assuranceforeningen Skuld; Defender: International Oil Pollution Compensation Fund; Claimant and Objector: James L R Robb; Claimant and Objector: Huxter Salmon Limited
Jurisdiction
Scotland
Judgment Date
24 June 1999
Procedural Posture
Civil / Interlocutory Motion During Proof Before Answer
Outcome
Motion for late lodging of productions refused
Legal Topics
Oil Pollution Compensation, Title and Interest to Sue, Late Lodging of Productions, Limitation Fund Claims
Insurance Law Environmental Law Civil Procedure Oil Pollution Compensation Title and Interest to Sue Late Lodging of Productions Limitation Fund Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Sheila Fowlie

Claimant

Assuranceforeningen Skuld

Pursuer

International Oil Pollution Compensation Fund

Defender

James L R Robb

Claimant and Objector

Huxter Salmon Limited

Claimant and Objector

Procedural Posture

Civil / Interlocutory Motion During Proof Before Answer

Legal Issues

  1. 1 Whether the claimant had title and interest to sue for compensation for property damage
  2. 2 Whether late lodging of title deeds to challenge claimant's title should be allowed

Ratio Decidendi

It would be unfair and procedurally improper to allow the objector to raise the issue of title and interest to sue at this late stage, given the history of the claim, prior correspondence, and the absence of fair notice. The motion for late lodging of productions is refused.

Court Disposition

Motion for late lodging of productions refused

Orders

  • Refusal of motion to lodge title deeds late
  • Claimant's proof to proceed without consideration of late-raised title issue