Decision ID: 001442

In February 2003 the 1992 Fund Executive Committee noted that in December 2002 the Court of first instance had rendered its judgement in respect of the legal actions taken by two claimants against the registered owner of the Slops and the 1992 Fund. It was noted that as regards the actions against the registered owner of the Slops, who did not appear at the hearing, the Court had rendered a default judgement against him for the amounts claimed plus interest. It was also noted that as regards the actions against the 1992 Fund, the Court had held that the Slops fell within the definition of ‘ship’ laid down in the 1992 Conventions, opining that any type of floating unit originally constructed as a seagoing vessel for the purpose of carrying oil was and remained a ship, although it might subsequently be converted into another type of floating unit, such as a floating oil waste receiving and processing facility, and notwithstanding that it might be stationary or that its engine might have been temporarily sealed or its propeller removed. It was further noted that the Court had ordered the Fund to pay the claimants the amounts claimed plus interest. The Committee decided that, since the issue involved raised an important question of interpretation of one of the basic definitions in the 1992 Conventions, the 1992 Fund should appeal against the decision of the first instance Court.

Date: 01.02.2003
Category: Legal actions
Subject: Judgements in respect of the interpretation of the definition of 'ship' in Article I.1 of the 1969 and 1992 Civil Liability Conventions