Shetland Seafarms Ltd In The Cause Of Assuranceforeningen Skuld v International Oil Pollution Compensation Fund & Ors [2000] ScotCS 149 (6 June 2000)

Shetland Seafarms Ltd In The Cause Of Assuranceforeningen Skuld v International Oil Pollution Compensation Fund & Ors [2000] ScotCS 149 (6 June 2000)

The nature of the claim under section 1 of the 1971 Act has not been materially altered by the change in averments as to the source of the contractual obligations. The claim remains calculated in the same way and is not presented on a fundamentally different legal basis. Therefore, the claim as now presented has not prescribed.

Citation
[2000] ScotCS 149
Parties
Claimant: Shetland Seafarms Limited; Pursuer: Assuranceforeningen Skuld; Defender/objector: The International Oil Pollution Compensation Fund; Objector: James L R Robb; Objector: Brian Robb; Objector: Alexander Eunson
Jurisdiction
Scotland
Judgment Date
06 June 2000
Procedural Posture
Civil Claim for Compensation Under Statute / Interlocutory Decision on Plea of Prescription (time Bar)
Outcome
Plea of prescription (time bar) repelled; claim not dismissed.
Legal Topics
Oil Pollution Liability, Limitation of Actions, Prescription (time Bar), Contractual Obligations, Intra Group Transactions
Maritime Law Insurance Law Commercial Law Oil Pollution Liability Limitation of Actions Prescription (time Bar) Contractual Obligations Intra Group Transactions

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Parties

Shetland Seafarms Limited

Claimant

Assuranceforeningen Skuld

Pursuer

The International Oil Pollution Compensation Fund

Defender/objector

James L R Robb

Objector

Brian Robb

Objector

Alexander Eunson

Objector

Procedural Posture

Civil Claim for Compensation Under Statute / Interlocutory Decision on Plea of Prescription (time Bar)

Legal Issues

  1. 1 Whether the revised claim is time-barred under section 9 of the Merchant Shipping (Oil Pollution) Act 1971
  2. 2 Whether the change in the claimant's pleadings constitutes a fundamentally different claim

Ratio Decidendi

The nature of the claim under section 1 of the 1971 Act has not been materially altered by the change in averments as to the source of the contractual obligations. The claim remains calculated in the same way and is not presented on a fundamentally different legal basis. Therefore, the claim as now presented has not prescribed.

Court Disposition

Plea of prescription (time bar) repelled; claim not dismissed.

Orders

  • Plea-in-law 7 for the objector is repelled.