BP Exploration Operating Company Ltd v Chevron Shipping Company ; Same v Chevron Tankers (Bermuda) Ltd ; Same v Chevron Transport Corporation
| Jurisdiction | Scotland |
| Court | Court of Session (Outer House) |
| Judgment Date | 26 January 1999 |
| Date | 26 January 1999 |
Outer House of the Court of Session
Before Lord Dawson
Scots law - prescription - expiry of prescriptive period - error induced by party sued
Where an action of damages for breach of contract, negligence and breach of statutory duty was raised after the five-year prescriptive period had expired because of an error induced by a party sued, the prescriptive period did not start to run again until the pursuers were disabused of their error and had had an opportunity to raise proceedings.
Lord Dawson, sitting in the Outer House of the Court of Session, so held, putting an action by BP Exploration Operating Co Ltd against Chevron Shipping Company and others out by order for a hearing on further procedure and making no order with regard to the parties' pleas in law.
Mr Colin Campbell, QC and Mr Calum McNeill for the pursuers; Mr Angus Glennie for the defenders.
LORD DAWSON said that the three actions before him arose out of an incident when a ship, the Chevron North America had sought to berth at a jetty at Sullom Voe on February 28, 1990.
The terminal was operated and maintained by a consortium of which the pursuers were a member. The pursuers sought relief for damage done to the jetty.
The defenders in the first action, Chevron Shipping Company were the vessel's managers. The defenders in the...
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B.P. EXPLORATION OPERATING Company Ltd Pursuers (Appellants) against CHEVRON TRANSPORT (SCOTLAND) Defenders (Respondents)
...reclaiming motions for the defenders in each action the First Division (the Lord President (Rodger) and Lords Sutherland and Cowie) 2000 SLT 1374 recalled the Lord Ordinary's interlocutors. The Lord President, who delivered the opinion of the court, dealt with the issues which were argued i......
