The Merchant Shipping (Oil Pollution) (Solomon Islands) Order 1975

Jurisdiction and effect of judgments

6.—(1) Paragraph (d) of section 1(1) of the Administration of Justice Act 1956 as applied in Solomon Islands by the Admiralty Jurisdiction (British Solomon Islands Protectorate) Order 1965(1) (Admiralty jurisdiction in claims for damage done by ships) shall be construed as extending to any claim in respect of a liability falling on the Fund under this Part of this Act.

(2) Where in accordance with rules of court made for the purposes of this subsection the Fund has been given notice of proceedings brought against an owner or guarantor in respect of liability under section 1 of the Act of 1971, any judgment given in the proceedings shall, after it has become final and enforceable, become binding upon the Fund in the sense that the facts and evidence in the judgment may not be disputed by the Fund even if the Fund has not intervened in the proceedings.

(3) Where a person incurs a liability under the law of a Fund Convention country corresponding to the Act of 1971 for damage which is partly in the area of Solomon Islands, subsection (2) above shall, for the purpose of proceedings under this Part of this Act, apply with any necessary modifications to a judgment in proceedings under that law of the said country.

(4) Subject to subsection (5) below, Part II of the Foreign Judgments (Reciprocal Enforcement) Ordinance(2) shall apply, whether or not it would so apply apart from this subsection, to any judgment given by a court in a Fund Convention country to enforce a claim in respect of liability incurred under any provision corresponding to section 4 or 5 of this Act; and in its application to such a judgment the said Part II shall have effect with the omission of subsections (2) and (3) of section 6 of the Ordinance.

(5) No steps shall be taken to enforce such a judgment unless and until the court in which it is registered under Part II of the Foreign Judgments (Reciprocal Enforcement) Ordinance gives leave to enforce it; and—

(a) that leave shall not be given unless and until the Fund notifies the court either that the amount of the claim is not to be reduced under paragraph 4 of Article 4 of the Fund Convention (as set out in Schedule 1 to this Act) or that it is to be reduced to a specified amount; and

(b) in the latter case, the judgment shall be enforceable only for the reduced amount.

(1)

(1965 I, p. 1887).

(2)

Laws of Solomon Islands Revised Ed. 1969. Cap. 9.