BP Exploration Operating Co Ltd v Chevron Shipping Company & Ors [2000] ScotCS 105 (13 April 2000)

BP Exploration Operating Co Ltd v Chevron Shipping Company & Ors [2000] ScotCS 105 (13 April 2000)

The claim against Transport is prescribed because the period excluded under Section 6(4) of the 1973 Act ended when the pursuers learned Transport was the charterer; the remaining prescriptive period expired before service. The claim against Tankers may not be prescribed, as factual issues require proof. The plea of personal bar against Shipping is relevant and should go to proof. For Section 74 liability, 'owner' includes the demise charterer, so liability attaches to Transport, not the registered owner.

Citation
[2000] ScotCS 105
Parties
Pursuers and Respondents: BP Exploration Operating Company Limited; Defenders and Reclaimers: Chevron Shipping Company; Defenders and Reclaimers: Chevron Tankers (Bermuda) Limited; Defenders and Reclaimers: Chevron Transport Corporation
Jurisdiction
Scotland
Judgment Date
13 April 2000
Procedural Posture
Reclaiming Motions (appeals) in Civil Actions for Damages / Interlocutory Appeal on Relevancy, Prescription, and Proof Before Answer
Outcome
Reclaiming motion by Transport allowed; action against Transport dismissed as prescribed. Actions against Tankers and Shipping to proceed to proof before answer.
Legal Topics
Prescription and Limitation, Personal Bar (estoppel), Liability Under Harbours, Docks, And Piers Clauses Act 1847, Bareboat/demise Charter, Assignment of Statutory Rights, Proof Before Answer
Commercial Law Maritime Law Delict/tort Contract Law Statutory Interpretation Prescription and Limitation Personal Bar (estoppel) Liability Under Harbours, Docks, and Piers Clauses Act 1847 +3 more

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Parties

BP Exploration Operating Company Limited

Pursuers and Respondents

Chevron Shipping Company

Defenders and Reclaimers

Chevron Tankers (Bermuda) Limited

Defenders and Reclaimers

Chevron Transport Corporation

Defenders and Reclaimers

Procedural Posture

Reclaiming Motions (appeals) in Civil Actions for Damages / Interlocutory Appeal on Relevancy, Prescription, and Proof Before Answer

Legal Issues

  1. 1 Whether claims against Transport and Tankers are prescribed under the Prescription and Limitation (Scotland) Act 1973
  2. 2 Whether Shipping is personally barred (estopped) from denying ownership/responsibility for the vessel
  3. 3 Whether the pursuers' averments of breach of contract and delict are relevant for proof

Ratio Decidendi

The claim against Transport is prescribed because the period excluded under Section 6(4) of the 1973 Act ended when the pursuers learned Transport was the charterer; the remaining prescriptive period expired before service. The claim against Tankers may not be prescribed, as factual issues require proof. The plea of personal bar against Shipping is relevant and should go to proof. For Section 74 liability, 'owner' includes the demise charterer, so liability attaches to Transport, not the registered owner.

Court Disposition

Reclaiming motion by Transport allowed; action against Transport dismissed as prescribed. Actions against Tankers and Shipping to proceed to proof before answer.

Orders

  • Sustain first plea-in-law for Transport and assoilzie (absolve) Transport from the action.
  • Allow proof before answer in actions against Tankers and Shipping on issues of prescription, personal bar, breach of contract, delict, and statutory liability.