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Lloyd's Maritime Law Newsletter

Briggs Marine Contractors Ltd v Bakkafrost Scotland Ltd [2023] ScotCS CSOH_6 - Court of Session, Outer House (Lord Braid) - 2 February 2023

Arbitration - Separability - Contracts - Frustration - Oral agreement or oral variation to existing contract - Fixed Wreck Contract - Dispute arising out of or in connection with wreck removal contract - One-stop presumption

Bakkafrost Scotland Ltd was the owner of a fish feed barge which on 26 November 2021 sank off the coast of Skye in a storm. At the time of her loss she had a cargo of 320 tonnes of fish feed. Briggs Marine Contractors, a company engaged in activities including emergency response, wreck removal and wreck survey and intervention, was instructed to inspect the barge and to seal the silo hatches. The work was done and paid for.

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