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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Shetland Sea Farms Ltd In The Cause Of Assuranceforeningen Skuld v International Oil Pollution Compensation Fund & Ors

Shetland Sea Farms Ltd In The Cause Of Assuranceforeningen Skuld v International Oil Pollution Compensation Fund & Ors [1999] ScotCS 251 (28 October 1999)

The Court of Session discharged a proof diet after late amendments introduced serious fraud allegations, leaving insufficient time for parties to prepare.

• Fraudulent claims
• Limitation fund
• Proof discharge
• Loss of profits
• Quantification of damages
• Procedural-fairness

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