0370 270 6000

Sweet v Owners of Blythe Life Boat, High Court

27 February 2002
The issues

Limitation – Merchant Shipping Act 1995.

The facts

The Claimant claimed for damages including damages for psychiatric injury. The Merchant Shipping Act 1995 Section 190(iii) imposes a 2 year limitation period. Defendants alleged that the claim was statute barred in that it had been issued 2 years after the date of the collision between the vessels.

The decision

The Section provided that no proceedings should be brought for 2 years from the date when (a) the damage or loss was caused or; (b) the loss of life or injury was suffered. The statute provided separately therefore for the date of collision and the date of loss of life or injury.

It was therefore envisaged that there might be cases where time did not run from the date of collision but from the date of injury. Time would run therefore from the date on which the Claimant first developed his recognised psychiatric injury.

The Application to strike out by the Defendants was dismissed.

Focus on...

Press releases

Browne Jacobson wins Inclusion & Diversity Award at the National Insurance Awards 2022

Insurance law firm Browne Jacobson has won the Inclusion & Diversity Award at the National Insurance Awards 2022. The National Insurance Awards are judged by an independent panel of experts and celebrate excellence in the sector by highlighting the very best in general insurance provision and management.

View

Blogs

Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.

View

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up