Decision ID: 000915

In October 1998 the 1971 Fund Executive Committee considered a request by a solicitor acting on behalf of a number of claimants who had notified the Fund of their claims but had not brought legal action against the Fund, for an undertaking from the Fund that, if the claimants were required to raise actions against the Fund after the sixth anniversary of the incident, such actions would not be opposed on the grounds that they were time-barred. The Committee, recalling that it had in previous cases taken the view that the provisions on time bar should be applied strictly, decided that the Fund was unable to give an undertaking to waive the requirement that the claimant should take legal action against the Fund within six years of the date of the incident.

Date: 30.09.1998
Category: Time bar provisions
Subject: Interpretation/application of the time-bar provisions in Article VIII of the 1969 and 1992 Civil Liability Conventions and Article 6 of the 1971 and 1992 Fund Conventions