Decisión nº: 000722

In April 1997 the 1971 Fund Executive Committee, noting that although more information was now available than at the time of its 52nd (February 1997) session, there was still a degree of uncertainty as to the total amount of the claims, and decided that the 1971 Fund’s payments should for the time being remain limited to 75% of the damage actually suffered by the respective claimants and that a further review should be made at the 54th (June 1997) session. The Committee noted that since the cargo carried by the Sea Empress was owned by a party to the ‘Contract Regarding a Supplement to Tanker Liability for Oil Pollution’ (CRISTAL) there was approximately £20 million available from Cristal Ltd to provide compensation to claimants who had not received full compensation under the 1969 Civil Liability and 1971 Fund Conventions. The Committee decided that the 1971 Fund, after consultation with the shipowner’s insurer, should notify Cristal Ltd that the amounts available for compensation under the 1969/1971 Conventions might not be sufficient to meet in full all claimants arising from the incident. The Committee instructed the Director to study whether to notify Cristal Ltd before the expiry of the two-year notification period laid down in the CRISTAL Contarct of any other incidents involving a CRISTAL cargo and where there was a risk that victims might not receive full comepnsation under the 1969 Civil Liability and 1971 Fund Conventions.