Scotland Case Law

Dales Marine Services Limited against The United States of America and others

The Court of Session held that Dales Marine’s summons was, in substance, a statutory limitation application excluded from Schedule 8 jurisdiction, and sustained the defenders’ relevancy pleas.

• Limitation of liability
• Dock owners' liability
• Limitation fund
• Schedule 8 and schedule 9 of the civil jurisdiction and judgments act 1982
• Article 11 of the convention on limitation of liability for maritime claims 1976
• Maritime-law

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WARNER AGAINST SCAPA FLOW CHARTERS

WARNER AGAINST SCAPA FLOW CHARTERS [2022] ScotCS CSIH_25 (10 May 2022)

The Inner House allowed the defenders’ reclaiming motion in a diving-death case, holding they had not breached their duty of care to experienced technical divers.

• Standard of care
• Risk assessment
• Duty of care
• Negligence
• Liability of vessel operators
• Leisure activity risks

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DEBBIEE WARNER AGAINST SCAPA FLOW CHARTERS

DEBBIEE WARNER AGAINST SCAPA FLOW CHARTERS [2021] ScotCS CSOH_92 (03 September 2021)

The Court of Session held Scapa Flow Charters liable for Lex Warner’s death after finding inadequate risk assessment and safety procedures on a technical dive boat.

• Athens convention
• Duty of care
• Risk assessment
• Carriage of passengers by sea
• Technical diving safety
• Athens-convention

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Petroineos Manufacturing Scotland Ltd v Clydeport Operations Ltd & Ors

Petroineos Manufacturing Scotland Ltd v Clydeport Operations Ltd & Ors [2017] ScotCS CSOH_49 (23 March 2017)

The Court of Session held that Clydeport could levy conservancy charges within Loch Long, subject to the Queen’s Harbour Master, and refused the petition.

• Port authority jurisdiction
• Conservancy charges
• Crown prerogative
• Statutory interpretation
• Dockyard port regulation
• Judicial-review

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Warner v Scapa Flow Charters

Warner v Scapa Flow Charters [2017] ScotCS CSIH_13 (16 February 2017)

The Inner House held that section 18(3) of the 1973 Act could suspend the Athens Convention time bar for a child’s claim, but not the widow’s own claim.

• Athens convention
• Prescription and limitation (scotland) act 1973
• Time bar
• Suspension and interruption of limitation periods
• Death by personal injury
• Legal disability (nonage)

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Wilson v (First) North Star Shipping (Aberdeen) Ltd & Anor

Wilson v (First) North Star Shipping (Aberdeen) Ltd & Anor [2014] ScotCS CSOH_156 (29 October 2014)

The court held both defenders liable for a maritime workplace injury during a sample transfer, but reduced damages for the pursuer's contributory negligence.

• Employer's liability
• Risk assessment
• Contributory negligence
• Strict liability
• Merchant shipping and fishing vessels (health and safety at work) regulations 1997
• Maritime-personal-injury

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MacInnes, Re Judicial Review

MacInnes, Re Judicial Review [2014] ScotCS CSOH_92 (28 May 2014)

Judicial review of Forth Ports’ disciplinary process for a pilot. The court treated the Code as allowing pattern cases, but held the earlier incidents were not fully investigated.

• Judicial review of disciplinary procedures
• Interpretation of contractual disciplinary codes
• Natural justice in employment discipline
• Pilotage act 1987 procedures
• Judicial-review
• Pilotage-act-1987

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Cairns v Northern Light House and Calypso Marine

Cairns v Northern Light House and Calypso Marine [2013] ScotCS CSOH_22 (07 February 2013)

The Court of Session held that both defenders were liable for a back injury suffered in a rigid inflatable boat trip to Isle of May Lighthouse.

• Employer's liability
• Strict liability
• Statutory duty
• Civil liability under health and safety regulations
• Adequacy of safety briefing
• Reasonable practicability

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INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS MARTIN SANDERSON, TONY HAYTON AND PETER HILTON

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF THOMAS MARTIN SANDERSON, TONY HAYTON AND PETER HILTON [2012] ScotSC 40 (19 March 2012)

Fatal Accident Inquiry into the capsize of FV Aquila found the men died by drowning and that no reasonable precautions or working-system defects would have prevented the deaths.

• Fatal accident inquiry
• Maritime accident
• Search and rescue procedures
• Fishermen safety
• Coronial law
• Fatal-accident-inquiry

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INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ALLEN JAMES NAYLOR

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ALLEN JAMES NAYLOR [2011] ScotSC 190 (06 December 2011)

Fatal accident inquiry into Allen James Naylor’s death after the sinking of the fishing vessel Kathryn Jane, with several safety precautions identified.

• Fatal accident inquiry
• Workplace accident
• Maritime safety
• Reasonable precautions
• Fatal-accident-inquiry
• Maritime-safety

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