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:

"Claiming money from the International Oil Pollution Fund if there's an oil spill"

Illustration for Maritime Transport Act 1994

You can make several claims for compensation from the International Oil Pollution Fund. The court must determine how much the Fund has to pay and divide it among the claimants. This is done according to the rules in section 372(1). If the total claims are more than the maximum amount the Fund can pay, the court must order the maximum amount to be shared. The amount each claimant gets from the Fund, the ship owner, and the owner's insurer must be in the same ratio for all claimants. This ratio is based on the rules in section 372(1), section 345, and section 366. The court follows the rules to make sure the claims are handled fairly. You can find more information about these rules in the relevant sections of the Maritime Transport Act. The court's decision is based on the rules in the Act.

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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).