Decision ID: 000894

In April 1998 the 1971 Fund Executive Committee decided that the errors that caused the grounding of the Sea Empress were all matters of simple navigation of the vessel, which did not form a basis for challenging the shipowner’s right to limit liability, particularly since the shipowner had in place an efficient system and standing orders to prevent such errors from occurring. The Committee therefore decided that the Fund should not challenge the shipowner’s right to limit liability and further decided that there were no grounds on which the Fund could oppose the shipowner’s right of indemnification under Article 5.1 of the 1971 Fund Convention.

Date: 31.03.1998
Category: Financial limits, limitation proceedings and indemnification
Subject: Indemnification of the shipowner under Article 5.1 of the 1971 Fund Convention