LANDCATCH LTD. v. INTERNATIONAL OIL POLLUTION COMPENSATION FUND SAME v. BRAER CORPORATION AND OTHERS AND ASSURANCEFORENINGEN SKULD AND INTERNATIONAL OIL POLLUTION COMPENSATION FUND (MINUTER)

[1998] 2 Lloyd's Rep. 552

SCOTLANDOUTER HOUSE OF THECOURT OF SESSION

Before Lord Gill

Oil pollution - Statutory liability - Competence 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. Oil pollution - Statutory liability - Choice of law - Vessel grounded off Shetland - Pursuers claimed losses occasioned by oil pollution - Norwegian insurers insured owner in respect of liability to third parties for oil pollution damage - Whether Norwegian law applicable - Merchant Shipping (Oil Pollution) Act, 1971, s. 12 - Civil Jurisdiction and Judgments Act, 1982.