Shetland Norse Preserving Co Ltd & Ors v Braer Corporation & Anor [1999] ScotCS 122 (21 May 1999)

Shetland Norse Preserving Co Ltd & Ors v Braer Corporation & Anor [1999] ScotCS 122 (21 May 1999)

The diets should be discharged, not sisted, because the appellate decision in Landcatch constitutes a material change of circumstances, and it is reasonable and practical to allow pursuers time to consider their position without being forced into urgent decisions. Discharging the diets avoids unnecessary waste of parties' and court's resources, and does not cause undue delay beyond that inherent in the appellate process.

Citation
[1999] ScotCS 122
Parties
Pursuer: Shetland Norse Preserving Company Limited; Pursuer: Vidlin Lobster Company Limited; Pursuer: L. Williamson (Shetland) Limited; Pursuer: Framgord Limited; Defender: The Braer Corporation; Defender: Another (unnamed); Minuter: The International Oil Pollution Compensation Fund
Jurisdiction
Scotland
Judgment Date
21 May 1999
Procedural Posture
Civil / Procedure Roll Hearing; Motion to Sist or Discharge Diets
Outcome
procedure roll diets discharged; motions to sist refused
Legal Topics
Relational Economic Loss, Oil Pollution, Case Management, Appeals
Civil Procedure Environmental Law Relational Economic Loss Oil Pollution Case Management Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Shetland Norse Preserving Company Limited

Pursuer

Vidlin Lobster Company Limited

Pursuer

L. Williamson (Shetland) Limited

Pursuer

Framgord Limited

Pursuer

The Braer Corporation

Defender

Another (unnamed)

Defender

The International Oil Pollution Compensation Fund

Minuter

Procedural Posture

Civil / Procedure Roll Hearing; Motion to Sist or Discharge Diets

Legal Issues

  1. 1 Whether to sist or discharge procedure roll diets pending outcome of related appellate proceedings in Landcatch Ltd v The International Oil Pollution Compensation Fund
  2. 2 Appropriate case management in light of overlapping legal issues and pending appeals

Ratio Decidendi

The diets should be discharged, not sisted, because the appellate decision in Landcatch constitutes a material change of circumstances, and it is reasonable and practical to allow pursuers time to consider their position without being forced into urgent decisions. Discharging the diets avoids unnecessary waste of parties' and court's resources, and does not cause undue delay beyond that inherent in the appellate process.

Court Disposition

procedure roll diets discharged; motions to sist refused

Orders

  • The diets of procedure roll fixed for next week are discharged.
  • Motions to sist the actions are refused.