Robertson & Anor v Braer Corporation & Ors [1999] ScotCS 19 (14 January 1999)

Robertson & Anor v Braer Corporation & Ors [1999] ScotCS 19 (14 January 1999)

The claim of the partnership is prescribed because the Minute of Amendment was lodged more than three years after the emergence of the loss, as interpreted under section 9 of the Merchant Shipping (Oil Pollution) Act 1971.

Citation
[1999] ScotCS 19
Parties
Pursuer: Robert William Robertson; Pursuer: Thomas Andrew Jamieson; Pursuer: Ivor Moffat; Defender: The Braer Corporation; Defender: Trevor Williams; Defender: Anthony Jones; Defender: Michael Hudner; Defender: Assuranceforeningen Skuld; Minuter: The International Oil Pollution Compensation Fund
Jurisdiction
Scotland
Judgment Date
14 January 1999
Procedural Posture
Motion to Amend Pleadings / Interlocutory
Outcome
motion refused
Legal Topics
Prescription, Oil Pollution Liability, Amendment of Pleadings
Civil Procedure Environmental Law Prescription Oil Pollution Liability Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Robert William Robertson

Pursuer

Thomas Andrew Jamieson

Pursuer

Ivor Moffat

Pursuer

The Braer Corporation

Defender

Trevor Williams

Defender

Anthony Jones

Defender

Michael Hudner

Defender

Assuranceforeningen Skuld

Defender

The International Oil Pollution Compensation Fund

Minuter

Procedural Posture

Motion to Amend Pleadings / Interlocutory

Legal Issues

  1. 1 Whether the claim of the partnership is prescribed under section 9 of the Merchant Shipping (Oil Pollution) Act 1971
  2. 2 Whether amendment to substitute the partnership as pursuer is competent after prescription period

Ratio Decidendi

The claim of the partnership is prescribed because the Minute of Amendment was lodged more than three years after the emergence of the loss, as interpreted under section 9 of the Merchant Shipping (Oil Pollution) Act 1971.

Court Disposition

motion refused

Orders

  • motion to amend pleadings refused
  • pursuers found liable in expenses occasioned by the amendment