Decision ID: 001413

In June 2001 the 1971 Fund Administrative Council noted that in December 2000 the Dubai Court had rendered a judgement in which it had rejected the 1971 Fund’s claim against the owner of the tug Falcon 1, but had ordered the owner of the cargo on board the Pontoon 300, who had allegedly chartered the tug Falcon 1, to pay the Fund £840,000. The Council further noted that the basis of the rejection of the claim against the owner of the Falcon 1 was that under the terms of the charter party the master of the tug was under the control of the charterer. The Council noted that the 1971 Fund had appealed against this judgement, contesting the validity of the charter party, and maintaining that in any event, the charter party was only binding upon the parties thereto and not on the Fund. It was further noted that an application had been made to stay the appeal proceedings pending the decision in the hearing at the Ajman Criminal Court of Appeal. The Council noted that the tug owner might be entitled to limit his liability under the Maritime Code to about £20,000 unless the incident was a result of the personal fault of the owner.