Gray & Anor v Braer Corporation & Ors [1998] ScotCS 114 (29 December 1998)

Gray & Anor v Braer Corporation & Ors [1998] ScotCS 114 (29 December 1998)

Section 9 of the 1971 Act imposes a cumulative prescription: claims must be brought within three years from when the claim arises and in any event within six years from the incident. The period begins when loss is first sustained, regardless of whether further losses are anticipated. The partnership's claim prescribed before the amendment was lodged, and the court has no discretion to allow the amendment after prescription has run.

Citation
[1998] ScotCS 114
Parties
Pursuer: Stephen Gray; Pursuer: Stanley Gray; Defender: The Braer Corporation; Defender: Trevor Williams; Defender: Anthony Jones; Defender: Michael S Hudner; Defender: Assuranceforeningen Skuld; Minuter: International Oil Pollution Compensation Fund
Jurisdiction
Scotland
Judgment Date
29 December 1998
Procedural Posture
Civil / Motion to Amend Pleadings and Prescription Point
Outcome
motion refused
Legal Topics
Oil Pollution Liability, Prescription and Limitation, Amendment of Pleadings, Partnership Claims
Maritime Law Environmental Law Insurance Law Oil Pollution Liability Prescription and Limitation Amendment of Pleadings Partnership Claims

Case Brief

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Parties

Stephen Gray

Pursuer

Stanley Gray

Pursuer

The Braer Corporation

Defender

Trevor Williams

Defender

Anthony Jones

Defender

Michael S Hudner

Defender

Assuranceforeningen Skuld

Defender

International Oil Pollution Compensation Fund

Minuter

Procedural Posture

Civil / Motion to Amend Pleadings and Prescription Point

Legal Issues

  1. 1 Whether the partnership's claim for compensation under the Merchant Shipping (Oil Pollution) Act 1971 is time-barred by prescription under section 9 of the Act.
  2. 2 Whether section 9 of the 1971 Act creates alternative prescriptive periods for continuing loss claims or a single cumulative period.
  3. 3 Whether the court has discretion to allow amendment to substitute the partnership as pursuer after the prescriptive period.

Ratio Decidendi

Section 9 of the 1971 Act imposes a cumulative prescription: claims must be brought within three years from when the claim arises and in any event within six years from the incident. The period begins when loss is first sustained, regardless of whether further losses are anticipated. The partnership's claim prescribed before the amendment was lodged, and the court has no discretion to allow the amendment after prescription has run.

Court Disposition

motion refused

Orders

  • Motion to amend pleadings to substitute the partnership as pursuer refused.