摘要: |
The incident with the Bow Jubail shows that it is relevant to ascertain the type of ship from which the oil pollution originated. The mere fact that the polluting substance is a ship's bunker fuel is insufficient to conclude that the shipowner may limit its liability based on the lower limits of the Bunker Convention and the LLMC. The Court of Appeal's judgment gives a clear warning to shipowners playing hide-and-seek in case of pollution. It is up to them to prove that their ship is not a CLC ship. The advice to injured parties in cases like these, such as ports and harbors, is to remain vigilant when ascertaining the type of ship from which the pollution originated. When a ship is incorrectly identified as non-CLC ship, it may lead to injured parties receiving only limited compensation for their claims where full compensation may have been possible. |