ASSURANCEFORENINGEN GARD GJENSIDIG V THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND 1971

[2014] EWHC 1394 (Comm), Queen's Bench Division, Commercial Court, 7 May 2014

Freezing injunction - Jurisdiction over international organisations - Immunity - International Convention on Civil Liability for Oil Pollution Damage 1969 (the CLC) - International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1971 - International Organisations Act 1968 - International Oil Pollution Compensation Fund (IOPC) (Immunities and Privileges) Order 1979

The claimant P&I club and its insured, the owner of the vessel Nissos Amorgos, had both been held liable by a Venezuelan court for oil pollution damage following the grounding of the vessel in 1997. In claims in Venezuela and in the UK Gard now sought indemnification from the defendant, the IOPC Fund, in respect of its liability to the Republic of Venezuela in excess of the CLC limit and reimbursement. The IOPC Fund's position was that the claims against it were time-barred. This was an application for a freezing injunction against IOPC. The reason for the application for a freezing order was the ongoing process of winding up of the IOPC Fund by the end of 2014. The Fund disputed the court's jurisdiction on the grounds of immunity from the freezing order and from the claims in the UK and Venezuela.