Decision ID: 003997

In October 2014, the 1971 Fund Administrative Council noted that on 17 October 2014, the Judge rendered his judgment in respect of the Nissos Amorgos incident as follows:
(1) There was no agreement as alleged, and, even if there was, that there was no intention to create legal relations; accordingly, there was no contract.
The 1971 Fund Administrative Council further noted that having decided question (1) in the negative, the Court did not need to render judgment on question (2). Nevertheless, the Court provided a detailed answer to that question, concluding that:
(2) The alleged contract was neither a contract of loan nor a transaction for the provision of finance falling within the exception to immunity from suit in Article 6(1)(c) of the 1979 Order.
Consequently the Judge found that the Courts of England and Wales had no jurisdiction over the claim against the 1971 Fund.

Date: 23.10.2014
Category: Legal actions
Subject: Jurisdictional issues