Decision ID: 001071

In October 1999 the 1971 Fund Executive Committee, in a private session pursuant to Rule 12 of the Rules of Procedure at which only the delegations of Member States of the 1971 Fund and of those other States which were Members of the 1971 Fund at the time of the incident were present, considered whether the 1971 Fund should take recourse action against the salvors, the pilot, his employer, the Marine Pollution Control Unit (MPCU) of the United Kingdom Department of Transport and the Coastguard Agency. The Committee noted the channelling provisions of the United Kingdom Merchant Shipping Act 1995 implementing the 1969 Civil Liability Convention, which precluded action for compensation against salvors as well as the servants or agents of the shipowner. The Committee therefore agreed that there would be no point in taking recourse action against the salvor, the pilot or his employer. The Committee also agreed that there was no evidence of negligence on the part of the MPCU or the Coastguard Agency that would justify recourse action against them.

Date: 30.09.1999
Category: Procedural matters
Subject: Sessions held in private pursuant to Rule 12 of the Rules of Procedure