Decision ID: 001968

In October 2006 the 1992 Fund Executive Committee recalled that two claimants had taken legal action against the 1992 Fund and that the Court of Appeal, overturning the judgement of the Court of first instance, had held that the Slops could not be considered a ‘ship’ as defined in the 1992 Civil Liability Convention and had rejected the claims, and that the claimants had appealed to the Supreme Court. The Committee noted that the majority of judges at the plenary session of the Supreme Court had held that at the time of the incident the Slops should be regarded as a ‘ship’ as defined in the 1992 Conventions as it had the character of a seaborne craft which, following its modification into a floating separating unit, stored oil products in bulk and, furthermore, it had the ability to move by towing with a consequent pollution risk without it being necessary for the incident to take place during the carriage of the oil in bulk. It was noted that the Supreme Court, having decided that the 1992 Conventions were applicable to the incident, had held that the Court of Appeal’s judgement should be set aside and the case referred back to that Court to examine the merits of the substance of the dispute, ie the quantum of the claim.

Date: 30.09.2006
Category: Application of the Conventions
Subject: Interpretation of 'ship' in Article I.1 of the 1969 and 1992 Civil Liability Conventions