Decision ID: 001252
In June 2001 the 1971 Fund Administrative Council, noting that claims against the 1971 Fund had become time-barred on or around the 8 January 2001, considered the question as to whether claims that were the subject of legal action by Umm al Quwain Municipality against the owner of the tug Falcon 1, which was towing the Pontoon 300 at the time of the incident, and the owner of the cargo onboard the Pontoon 3000, were time-barred vis-à-vis the 1971 Fund. It was noted that the Municipality had not taken the measures laid down in the 1971 Fund Convention to prevent the claims from becoming time-barred, since the action it had taken was not against the registered owner or the insurer of the Pontoon 300 and the Municipality had not taken legal action against the 1971 Fund. The Council noted that the Ministry of Agriculture and Fisheries had joined in the Umm al Quwain Municipality’s action as a co-plaintiff and had joined the 1971 Fund as a co-defendant in its action before the expiry of the three-year time bar period. The Administrative Council agreed with the Director’s view that, although the claim by the Ministry of Agriculture and Fisheries had not been served on the 1971 Fund, the claim was not time-barred vis-à-vis the Fund since the Fund had been brought in as a defendant before the expiry of the time bar period.