Decision ID: 001524

In February 2004 the 1992 Fund Executive Committee noted that the owners of two hotels whose claims had been rejected by the 1992 Fund and the shipowner’s insurer had taken legal action in the Civil Court in Nantes against the shipowner, the shipowner’s insurer, the ship’s management company and the 1992 Fund. It was noted that the shipowner, the shipowner’s insurer and the ship’s management company concurred with the 1992 Fund that the claims were inadmissible, but in addition the management company maintained that no action could be bought against it due to the provisions on channelling of liability in Article III.4(a) of the 1992 Civil Liability Convention. It was noted that as regards the management company, the Court dismissed the action for the reasons given by that company.

Categories: Application of the Conventions, Legal actions
Subjects: Channelling provisions under Article III.4 of the 1969 and 1992 Civil Liability Conventions, Judgements in respect of the channelling provisions in Article III.4(b) of the 1992 Civil Liability Convention, Judgements in respect of the channelling provisions in Article III.4(a) of the 1992 Civil Liability Convention