Citations: [2009] ScotCS CSIH – 35 Links: Bailii Statutes: Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 3(2) Citing: Appeal from – Farstad Supply As v Enviroco Ltd and Another SCS 23-Apr-2008 (Outer House) The pursuers alleged that the defendant service company was responsible in negligence for damage by fire to its oil rig supply vessel. … Continue reading Farstad Supply AS v Enviroco Ltd and Another: SCS 1 May 2009
The House considered the means of imposing liability under the 1940 Act. The House was asked whether or not a draft agreement was binding notwithstanding that it had not been formally executed as apparently envisaged by the parties. Held: No right of contribution exists under Scottish law unless the right arises out of liability on … Continue reading Comex Houlder Diving Ltd v Colne Fishing Co Ltd: HL 19 Mar 1987
Chapter 26 of the Rules of the Court of Session 1994, which is headed Third Party Procedure, enables questions arising out of claims by a defender against a third party for contribution, relief or indemnity and liability to be disposed of in the same action as that in which the defender is himself being sued. … Continue reading Beedie v Norrie: 1966
(Outer House) The pursuers alleged that the defendant service company was responsible in negligence for damage by fire to its oil rig supply vessel. It was said that oil they had failed to clear was released by piping when opened flowing onto a hot . .
The defendants (E) were liable to F after a serious offshore accident, but sought a contribution from a third party (A), the main charterers, seeking to rely on section 3(2) o the 1940 Act saying that ‘if sued they might have been liable’. The court was asked to interpret the section, saying whether this answer … Continue reading Farstad Supply As v Enviroco Ltd: SC 5 May 2010
