Skerries Salmon Ltd v Braer Corporation & Ors [1998] ScotCS 83 (1 December 1998)
The pursuer's claim is for pure relational economic loss, as there was no physical contamination of its property; section 1 of the 1971 Act does not extend to such losses, and the action is irrelevant in law.
- Citation
- [1998] ScotCS 83
- Parties
- Pursuer: Skerries Salmon Limited; First Defender: The Braer Corporation; Second Defender: Assuranceforeningen Skuld; Minuter: The International Oil Pollution Compensation Fund
- Jurisdiction
- Scotland
- Judgment Date
- 01 December 1998
- Procedural Posture
- Civil / Procedure Roll Debate on Preliminary Pleas
- Outcome
- Action dismissed
- Legal Topics
- Oil Pollution Liability, Economic Loss, Statutory Interpretation, Recoverability of Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Skerries Salmon Limited
Pursuer
The Braer Corporation
First Defender
Assuranceforeningen Skuld
Second Defender
The International Oil Pollution Compensation Fund
Minuter
Procedural Posture
Civil / Procedure Roll Debate on Preliminary Pleas
Legal Issues
- 1 Whether economic loss suffered by a salmon farm outside the exclusion zone, with no physical contamination, is recoverable under section 1 of the Merchant Shipping (Oil Pollution) Act 1971
- 2 Whether the pursuer's averments are relevant and sufficiently specified to support the claim
Ratio Decidendi
The pursuer's claim is for pure relational economic loss, as there was no physical contamination of its property; section 1 of the 1971 Act does not extend to such losses, and the action is irrelevant in law.
Court Disposition
Action dismissed
Orders
- Sustain plea-in-law 1 for the defenders
- Dismiss the action
Full Case Text
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