(1) CARIBBEAN PETROLEUM CORPORATION (in chapter 11 bankruptcy under the United States Bankruptcy Code) (2) GENERAL ELECTRICAL CAPITAL BUSINESS ASSET FUNDING CORPORATION (Formerly known as METLIFE CAPITAL CORPORATION) v. CRISTAL LIMITED (THE “MORRIS J BERMAN”) [2003] EWHC 2357 (Comm)

[2004] 1 Lloyd's Rep. 48

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice David Steel

Contract - Construction - Cristal contract - Oil spill - Whether compensation paid by claimants in settlement of claims brought by U.S. Department of Justice on behalf of U.S. Oil Spill Liability Trust Fund constituted “amounts paid by a Person to compensate another Person for Pollution Damage or Costs of Threat Removal Measures” within meaning of Clause IV(C) - Whether such compensation excluded under Clause IV(C) by reason of being “amounts paid by a fund established and/or maintained by means of assessments against Oil Companies to compensate another Person for Pollution Damage or Costs of Threat Removal Measures” within meaning of same clause.