Landcatch Ltd v The Braer Corporation and Others

JurisdictionScotland
Judgment Date1998
Date1998
Year1998
CourtCourt of Session (Inner House - Second Division)
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5 cases
  • Alegrete Shipping Company Inc. v International Oil Pollution Compensation Fund (The Sea Empress)
    • United Kingdom
    • Queen's Bench Division (Admiralty)
    • 7 February 2003
    ...foreseeable, it remained irrecoverable where it was "secondary", "relational" or "indirect". 16 In this context, the Fund relied upon the Landcatch decision (supra). This was the culmination of a number of actions arising out of the grounding of the Braer off the Shetlands in January 1993. ......
  • Alegrete Shipping Company Inc. v International Oil Pollution Compensation Fund (The Sea Empress)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 7 February 2003
    ...the shipowner's liability under s.153 as limited by s.157. The present proceedings have been brought against the Fund accordingly. Landcatch 5 The appeal has been argued on a carefully limited basis, having regard to the Scottish authority of Landcatch Ltd. v. International Oil Pollutio......
  • Mitchell & Others v Milford Haven Port Authority
    • United Kingdom
    • Queen's Bench Division (Admiralty)
    • 21 February 2003
    ...Tilbury & Sons v 1971 Fund, a report of the Court of Appeal, dated 7th February 2003, and the Scottish case of Landcatch v IOPC Fund [1999] 2 Lloyds Rep 316. That is a decision of the Inner House. Those cases were dealing with particular statutory wording and not with public nuisance. To my......
  • Konrad Andrew Flaws And Leslie Blance Barclay V. The International Oil Pollution Compensation Fund
    • United Kingdom
    • Court of Session
    • 6 March 2001
    ...of the legislation in a general way in Anderson v The Braer Corporation (1996 SLT 779, at pp. 780-781) and in Landcatch Ltd v IOPCF ([1998] 2 Lloyds LR 552, at pp. 555-559; affd. 1999 SLT 1208). However, to explain the references in the two offers, I shall briefly rehearse the provisions re......
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