Decision ID: 001546

In February 2004 the 1971 Fund Administrative Council noted that the Chief Prosecutor in Scotland had indicated that he wished to interview certain Fund staff and experts engaged by the Fund in connection with a claim arising from the Braer incident (Shetland Sea Farms) and that it was possible that they would be requested to testify in court in criminal proceedings. The Council recalled that Shetland Sea Farms had taken legal action against the 1971 Fund and the shipowner’s insurer in respect of its claim for compensation for economic loss and that the Court of first instance had found that responsible officers of the claimant had knowingly presented copies of fake letters to support the claim. The Council noted that as regards staff members and experts, under the Headquarters Agreement they had immunity from jurisdiction in respect of acts carried out by them in the exercise of their functions, including words written or spoken. Noting that under the Headquarters Agreement it was for the Director to decide whether to waive immunities other than his own, the Council agreed with the Director’s intention to waive the immunities for the persons in question. The Council considered that the Director’s position in this case should not be considered as a precedent and that future similar requests should be dealt with by the Director on a case-by-case basis, and that such requests, and the Director’s actions thereon, should be brought to the Administrative Council’s attention.