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

Forgotten your password?

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

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.


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.


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.


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.


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