Esso Petroleum Co. Ltd. v. Hall Russell & Co. Ltd. (The Esso Bernicia) - House of Lords (Lord Keith, Lord Brandon, Lord Templeman, Lord Goff and Lord Jauncey) - 6 October 1988

Tanker owner not entitled to recover payments made under TOVALOP from allegedly negligent third party

In 1978 the tanker Esso Bernicia (“Bernicia”), owned by Esso Petroleum, was being berthed with tug assistance at the oil terminal at Sullom Voe when one of the tugs suffered an engine defect and had to cast off her towing line. The Bernicia , no longer under full control of the remaining two tugs, collided with the terminal and sustained damage, as a result of which bunker oil escaped in large quantities.