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

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

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