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. Losses which arose following an environmental accident but which were related to particularly advantageous market conditions but for a prospective contract only were properly secondary economic losses and not recoverable under the Act. No distinction was drawn between the smolt that were sold for less than expected and those which were culled.
Lord Justice Clerk and Lord Cowie and Lord McCluskey
Times 14-Jun-1999, [1999] ScotCS 117, [1999] 2 Lloyd’s LR 316
Bailii, ScotC
Merchant Shipping (Oil Pollution) Act 1971 5(3)
Scotland
Citing:
Appeal from – Landcatch Ltd v The Braer Corporation and Others OHCS 6-Mar-1998
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 . .
Cited by:
Cited – R J Tilbury and Sons (Devon) Ltd t/A East Devon Shellfish v Alegrete Shipping Co Inc (Owners of the Ship ‘Sea Empress’), Assurance Foreningen Skuld (Gjensidig) and the International Oil Pollution Compensation Fund 1971 CA 7-Feb-2003
The applicants had a business processing whelks. After the loss of the Sea Empress, an order was made prohibiting the sale of seafood from the area. They appealed a refusal of compensation for their losses. The respondents would be liable to make . .
Cited – D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
See Also – Landcatch Limited v International Oil Pollution Compensation Fund IHCS 19-May-1999
. .
Lists of cited by and citing cases may be incomplete.
Updated: 22 August 2021; Ref: scu.163549
