The Merchant Shipping (Oil Pollution) (Anguilla) Order 1997

Jurisdiction and effect of judgments.

177.—(1) Paragraph (d) of section 1(1) of the Administration of Justice Act 1956 as applied in Anguilla by the Admiralty Jurisdiction (Saint Christopher, Nevis and Anguilla) Order 1964(1) shall be construed as extending to any claim in respect of a liability falling on the Fund under this Chapter.

(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 153, 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 Chapter III of this Part for damage which is partly in the territory of Anguilla, subsection (2) above shall, for the purpose of proceedings under this Chapter, apply with any necessary modifications to a judgment in proceedings under that law of the said country.

(4) Subject to subsection (5) below, the Reciprocal Enforcement of Judgments Act(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 175.

(5) No steps shall be taken to enforce such a judgment unless and until the court in which it is registered under the Reciprocal Enforcement of Judgments Act 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 Part 1 of Schedule 5 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)

S.I. 1964/1663: by virtue of section 17(2)(b) of the Interpretation Act 1978 (1978 c. 30), S.I. 1964/1663 has effect as if made under section 150(2) and (3) of the Supreme Court Act (1981 c. 54).

(2)

Laws of Saint Christopher, Nevis and Anguilla Revised Ed. 1961, Cap. 67.