0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

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...

Legal updates

Contingent loss in negligence claims

Contingent loss is relevant to limitation; specifically, the date at which a claimant’s cause of action accrues for the purposes of a claim in the tort of negligence (as many claims against professional advisers are framed).


Legal updates

Legal and regulatory monthly update - September 2019

The latest update covering delegated authority, insurance product development, the senior insurance managers regime, data protection, operational control frameworks, Lloyds market, and horizon scanning.


Legal updates

Kuoni referred to the CJEU by Supreme Court for clarification - possible impact on breach of contract, vicarious liability and assumption of responsibility claims for sexual abuse and assault

We were hoping to be able to give you some interesting insights following the judgment of X v Kuoni Travel Ltd but that will have to wait for another day.


Legal updates

The disappearance of LIBOR

Companies should undertake a comprehensive review and audit to identify those products and legacy contracts that are LIBOR-linked and carry out an in-depth risk assessment of discontinuation. Where possible, companies should look at appointing an individual to oversee the programme.


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