Assuranceforeningen Gard Gjensidig v The International Oil Pollution Compensation Fund 1971 [2014] EWHC 1394 (Comm), [2014] All ER (D) 74 (May)
The defendant (the Fund) was an international legal organisation, created pursuant to the Convention on the Establishment of an International Fund for Compensation for Oil Pollution of 1971 (the Fund convention), and was a corporation under English law, by virtue of the International Organisations Act 1968 and the International Oil Pollution Compensation Fund (Immunities and Privileges) Order 1979 (the Order). The Fund enjoyed privileges and immunities within the UK, pursuant to Art 5 of the Headquarters Agreement with the International Oil Pollution Compensation Fund (the HQ Agreement) and s 6 of the Order. In proceedings brought by insurers who had had to pay for pollution in Venezuela, the insurers applied for a freezing injunction against the fund.
It was held that the immunity conferred under s 6(1) of the order was not a complete immunity. It was a qualified immunity. Immunity was only granted if and to the extent that the suit or legal process did not fall within one of the listed exceptions. The grant
