Maritime Transport Act 1994

Compensation from International Oil Pollution Compensation Fund and Supplementary Fund for pollution damage - Compensation and indemnity from International Oil Pollution Fund and Supplementary Fund

375: Several claims for compensation from International Oil Pollution Fund

You could also call this:

"How the court splits payments when many people claim for oil pollution damage"

If you make a claim to the International Oil Pollution Fund for pollution damage, the court will decide how much the fund must pay. The court will split the payment among all the people who made claims if there are several claims from the same event. You can find more information about this in section 372(1). The court will make sure each person gets a fair share of the payment.

If the total amount of claims is more than the maximum amount the fund can pay, the court will order the payment to be split in a way that is fair to all claimants. You can find more information about the maximum amount in section 373(1). The court will also consider payments you might get from the owner of a ship or their insurer, as outlined in section 345 or section 366.

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Part 26Compensation from International Oil Pollution Compensation Fund and Supplementary Fund for pollution damage
Compensation and indemnity from International Oil Pollution Fund and Supplementary Fund

375Several claims for compensation from International Oil Pollution Fund

  1. Subject to subsection (2), where liability to pay compensation is incurred under section 372(1) by the International Oil Pollution Fund in respect of several claims for pollution damage arising out of the same event, the court must determine the amount of the International Oil Pollution Fund’s liability and apportion that amount rateably among the several claimants.

  2. Where the amount of claims for compensation established under section 372(1) against the International Oil Pollution Fund exceeds the maximum amount determined under section 373(1), the court must order the maximum amount available to be distributed in such a way that the ratio between any established claim and the amount recovered by a claimant from the owner of a CLC ship and the owner’s insurer, under section 345 or section 366, and from the International Oil Pollution Fund under section 372(1), is the same for all claimants.

Compare
  • 1974 No 14 s 50
Notes
  • Section 375(1): amended, on , by section 18(1)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).
  • Section 375(1): amended, on , by section 18(1)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).
  • Section 375(2): amended, on , by section 18(2)(a) of the Maritime Transport Amendment Act 2017 (2017 No 48).
  • Section 375(2): amended, on , by section 18(2)(b) of the Maritime Transport Amendment Act 2017 (2017 No 48).
  • Section 375(2): amended, on , by section 18(2)(c) of the Maritime Transport Amendment Act 2017 (2017 No 48).