Shetland Seafarms Ltd & Anor v. International Oil Pollution Compensation Fund & Ors [2005] ScotCS CSIH_8 (19 January 2005)

Shetland Seafarms Ltd & Anor v. International Oil Pollution Compensation Fund & Ors [2005] ScotCS CSIH_8 (19 January 2005)

The 'esto' averments allow claimants to pursue a loss of profit claim independently of the contractual relationship; the claim is sufficiently specified and not prescribed, as its legal basis and nature remain unchanged.

Citation
[2005] ScotCS CSIH_8
Parties
Claimant: Shetland Seafarms Limited; Pursuer: Assuranceforeningen Skuld; Defender: International Oil Pollution Compensation Fund; First Objector: Alexander Eunson; Third Objector: James Leiper Rose Robb; Third Objector: Brian Robb
Jurisdiction
Scotland
Judgment Date
19 January 2005
Procedural Posture
Reclaiming Motion / Appeal Against Interlocutor Allowing Proof Before Answer on Quantum
Outcome
reclaiming motion refused
Legal Topics
Oil Pollution Compensation, Loss of Profits, Prescription, Pleadings, Quantum of Damages
Maritime Law Environmental Law Civil Procedure Oil Pollution Compensation Loss of Profits Prescription Pleadings Quantum of Damages

Case Brief

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Parties

Shetland Seafarms Limited

Claimant

Assuranceforeningen Skuld

Pursuer

International Oil Pollution Compensation Fund

Defender

Alexander Eunson

First Objector

James Leiper Rose Robb

Third Objector

Brian Robb

Third Objector

Procedural Posture

Reclaiming Motion / Appeal Against Interlocutor Allowing Proof Before Answer on Quantum

Legal Issues

  1. 1 Whether claimants can pursue loss of profit claim independently of existence of forward contract
  2. 2 Whether 'free-standing' claim for loss of profits is sufficiently specified
  3. 3 Whether amendment introducing 'free-standing' claim is prescribed under section 9 of Merchant Shipping (Oil Pollution) Act 1971

Ratio Decidendi

The 'esto' averments allow claimants to pursue a loss of profit claim independently of the contractual relationship; the claim is sufficiently specified and not prescribed, as its legal basis and nature remain unchanged.

Court Disposition

reclaiming motion refused

Orders

  • Adhere to Lord Ordinary's interlocutor of 28 May 2003
  • Remit back to Lord Ordinary to proceed as accords