Decision ID: 000426

In April 1995 the 1971 Fund Executive Committee took the view that as a result of the fault or privity of the shipowner, the ship did not comply with certain requirements relating to the maintenance of ships laid down in the International Convention for the Safety of Life at Sea, 1974, as modified by the 1978 Protocol thereto, and that the incident and the ensuing pollution damage was wholly caused by this non compliance.For this reason the Committee decided that, pursuant to Article 5.3 of the Fund Convention, the Fund was wholly exonerated from its obligation to pay indemnification to the shipowner and his insurer.

Date: 31.03.1995
Category: Financial limits, limitation proceedings and indemnification
Subject: Indemnification of the shipowner under Article 5.1 of the 1971 Fund Convention