A person claiming under the Act was able to claim not only for physical damages suffered as a result of breach of the Act but also for psychological harm suffered. Wrong to limit damage to physical harm once liability admitted for personal injury. Citations: Times 12-Oct-1998 Statutes: Merchant Shipping (Oil Pollution) Act 1971 1 12 … Continue reading Black v Braer Corporation and Others: OHCS 12 Oct 1998
The Act excluded wider claims than those prescribed within it. Economic losses arising for a ferry company losing out because of adverse publicity were not to be claimed. The Act is clear and there is no need to refer back to the Convention on which it was based. Citations: Times 10-Mar-1999 Statutes: Merchant Shipping (Oil … Continue reading P and O Scottish Ferries Ltd v The Braer Corporation: OHCS 10 Mar 1999
Outer House – The claimants sue for compensation for damage to property sustained in consequence of the wreck of the tanker Braer. The defendants raised a adefence limiting damages under the 1971 Act. Judges: Lord Gill Citations:  ScotCS 34 Links: Bailii Statutes: Merchant Shipping Act (Oil Pollution) Act 1971 Jurisdiction: Scotland Damages Updated: 05 … Continue reading Anderson (No 126) and others and Black (No 128) and and Objections By the International Oil Pollution Compensation Board and Assuranceforeninggen Skuld (Braer) v The International Oil Pollution Compensation Fund: SCS 14 Feb 2001
The pursuers reared salmon eggs to the age of two years (smolt), before then selling them on. The defenders caused an oil spill, and the area was designated as an exclusion zone preventing the pursuers continuing their trade and could not sell their smolt save at a much reduced price or not at all. Held: … Continue reading Landcatch Ltd v The Braer Corporation and Others: OHCS 6 Mar 1998
The Act limited claims generally to three years after any damage arose with a back-stop maximum of six years after which no claim at all could be begun. Section is a prescriptive provision not by way of a limitation period as such. Citations: Times 10-Mar-1999 Statutes: Merchant Shipping (Oil Pollution) Act 1971 9 Jurisdiction: Scotland … Continue reading Gray and Another v Braer Corporation and Others: OHCS 10 Mar 1999
Where a compensation fund had been created with a last date for compensation claims to be made fixed, the Act was silent about how late claims were to be dealt with. There is no rule to say that applications for an extension of time must be made in advance, and the court felt it must … Continue reading Assurenceforeningen Skuld v International Oil Pollution Compensation Fund and An: OHCS 14 Jun 1999
The pursuers raised freshwater salmon (smolt) to the age of two before selling them on. An oil spill prevented them trading. They appealed a refusal of damages on the baiss that this was pure relational economic loss.
Held: The appeal failed. . .