R J Tilbury & Sons (Devon) Ltd. (t/a East Devon Shellfish) v Alegrete Shipping Co Inc & Ors

Facts

The appellant, R J Tilbury & Sons (Devon) Ltd, trading as East Devon Shellfish, processed whelks at Exmouth in Devon, some 200 miles by road from Milford Haven. On 15 February 1996 the Sea Empress grounded at St Ann's Head, Milford Haven, releasing some 72,000 tonnes of crude oil. A fishing ban was imposed under The Food Protection (Emergency Prohibitions)(Oil and Chemical Pollution of Fish and Plants) Order 1996 (S.I. 1996 No. 448) over an area of sea off Wales including the whelk fisheries off Tenby and Saundersfoot, running from 28 February 1996 until, on the appellant's case, 12 September 1996. The appellant had contracted with eight fishing vessels to take their catch of Welsh whelks for the six months ending 31 July 1996, and had a long-term supply contract with a Korean buyer. The ban ended the supply of Welsh whelks, which could not be replaced from Grimsby, and destroyed the Korean business; the appellant claimed gross profits of £746,632 less avoided expenses of £103,075. It claimed against the shipowner, its insurer and the International Oil Pollution Compensation Fund 1971 under section 153 of Schedule 4 to the Merchant Shipping Act 1995. On a preliminary issue David Steel J held the claim was not for damage caused by contamination. The appellant appealed with his permission.