Landcatch Ltd v Braer Corporation & Ors [1999] ScotCS 117 (19 May 1999)

Landcatch Ltd v Braer Corporation & Ors [1999] ScotCS 117 (19 May 1999)

For reasons given in the related action against the Fund, Landcatch's reclaiming motion is refused; Lord Ordinary's interlocutor is adhered to as Landcatch failed to establish statutory entitlement to compensation.

Citation
[1999] ScotCS 117
Parties
Pursuer: Landcatch Limited; Defender: The Braer Corporation; Defender: Trevor Williams; Defender: Anthony Jones; Defender: Michael S. Hudner; Defender: Assuranceforeningen Skuld; Minuter: The International Oil Pollution Compensation Fund
Jurisdiction
Scotland
Judgment Date
19 May 1999
Procedural Posture
Admiralty Action in Personam / Reclaiming Motion Against Lord Ordinary's Interlocutor
Outcome
Reclaiming motion refused; Lord Ordinary's interlocutor adhered to.
Legal Topics
Oil Pollution Liability, Compensation Claims, Merchant Shipping Act Interpretation
Admiralty Environmental Law Insurance Law Oil Pollution Liability Compensation Claims Merchant Shipping Act Interpretation

Case Brief

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Parties

Landcatch Limited

Pursuer

The Braer Corporation

Defender

Trevor Williams

Defender

Anthony Jones

Defender

Michael S. Hudner

Defender

Assuranceforeningen Skuld

Defender

The International Oil Pollution Compensation Fund

Minuter

Procedural Posture

Admiralty Action in Personam / Reclaiming Motion Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Entitlement to compensation under Merchant Shipping (Oil Pollution) Act 1971
  2. 2 Liability of shipowner and insurers for oil pollution
  3. 3 Application of Norwegian law to insurers

Ratio Decidendi

For reasons given in the related action against the Fund, Landcatch's reclaiming motion is refused; Lord Ordinary's interlocutor is adhered to as Landcatch failed to establish statutory entitlement to compensation.

Court Disposition

Reclaiming motion refused; Lord Ordinary's interlocutor adhered to.

Orders

  • Action dismissed
  • No compensation awarded to pursuers