Decision ID: 000533

In October 1993 the 1971 Fund Executive Committee considered a decision by the criminal Court of first instance that the vessel’s P&I insurer and the 1971 Fund were liable jointly and severally with the master and the pilot and the order to the insurer and the Fund to provide security for £60 million, failing which the Court could arrest their property in accordance with the provisions of the Act on Criminal Procedure. In a private session attended only by 1971 Fund Member States the Committee expressed its serious concerns that the Court’s order was at variance with the Fund Convention and instructed the Director not to put up any security, to take all legal measures to protect the Fund’s assets and to inform the Spanish Government of the Fund’s position.

Date: 30.09.1993
Categories: Financial limits, limitation proceedings and indemnification, Legal actions, Procedural matters
Subjects: Requests for the Fund to deposit a fund in court, Legal actions against third parties, Sessions held in private pursuant to Rule 12 of the Rules of Procedure