Decision ID: 001914

In May 2006 the 1971 Fund Administrative Council noted that in January 2006 the Court of Cassation had rejected the appeal by the owner of the tug that was towing the Pontoon 300 at the time of the incident and had upheld the Court of Appeal’s judgement as regards the liability of the tug owner to pay compensation to the 1971 Fund. It was also noted that the Court of Cassation had reversed the decision of the Court of Appeal in respect of the charterer, holding him not liable to pay compensation to the Fund. It was noted that the Fund had initiated execution proceedings against the tug owner in order to recover the amount awarded by the Court of Cassation. The Council decided, in view of the uncertainties as to the outcome of the pending litigation concerning a claim by Umm Al Quwain Municipality (which the Fund had maintained was time-barred vis-à-vis the Fund), to endorse the Director’s proposal to continue discussions with the tug owner and to allow the tug owner further time to reach an out-of-court settlement of that claim.