Point in time view as at 12/03/2015.
Merchant Shipping Act 1995, Cross Heading: Bar to other actions is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
1U.K.Where a limitation fund has been constituted in accordance with Article 11, any person having made a claim against the fund shall be barred from exercising any right in respect of such a claim against any other assets of a person by or on behalf of whom the fund has been constituted.
2U.K.After a limitation fund has been constituted in accordance with Article 11, any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a State Party for a claim which may be raised against the fund, or any security given, may be released by order of the Court or other competent authority of such State. However, such release shall always be ordered if the limitation fund has been constituted:
(a)at the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; or
(b)at the port of disembarkation in respect of claims for loss of life or personal injury; or
(c)at the port of discharge in respect of damage to cargo; or
(d)in the State where the arrest is made.
3U.K.The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim against the limitation fund before the Court administering that fund and the fund is actually available and freely transferable in respect of that claim.
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