LANDCATCH LTD. v. INTERNATIONAL OIL POLLUTION COMPENSATION FUND

[1999] 2 Lloyd's Rep. 316

SCOTLANDSECOND DIVISIONINNER HOUSECOURT OF SESSION

Before Lord Cullen, the Lord Justice Clerk, Lord McCluskey and Lord Cowie

Oil pollution - Statutory liability - Compensation and prematurity - Vessel grounded off Shetland - Pursuers claimed losses occasioned by oil pollution - Whether liability of compensation fund only arose when liability established against owners and/or insurers - Whether pleas incompetent and premature - Whether merit in pursuers’ pleas of waiver and personal bar - Merchant Shipping (Oil Pollution) Act, 1971 - International Convention on Civil Liability for Oil Pollution Damage, 1969 - Merchant Shipping Act, 1974 - International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971. Oil pollution - Statutory liability - Pure economic loss - Vessel grounded off Shetland - Pursuers claimed losses occasioned by oil pollution - Whether pursuers entitled to claim for pure economic loss - Merchant Shipping (Oil Pollution) Act, 1971 - Merchant Shipping Act, 1974, ss. 1, 4.