TNAG-2893-FCO40-4166-Hong-Kong-localisation-of-laws-merchant-shipping-and-carria-1993 — Page 59

858

c. 37

Liability of members of conference to be in proportion to their

Merchant Shipping (Liner Conferences) Act 1982

may be, the failure to fulfil those obligations is damag- ing to or threatens to damage the shipping or trading interests of the United Kingdom,

he may by regulations made by statutory instrument exclude or restrict the operation of all or any of the provisions of Chapters I to V of the Code, as they apply by virtue of regulations under section 2(1), in relation to trade with that state or in relation to persons having any such connection with that state as may be specified in the regulations.

Proceedings arising out of the Code

5.--(1) Where proceedings arising out of the Code are brought against a member of a conference in respect of damage or loss suffered by any person and other members of the conference are also liable (whether jointly or otherwise) in respect of the same damage or loss, the liability of that member to make good responsibility, that damage or loss shall be in proportion to his responsibility.

The reference above to the liability of other members of the conference is to any such liability which has been or could be established in proceedings brought before the same court or other tribunal by or on behalf of the person suffering the damage or loss; and for the purposes of this subsection it is immaterial by reference to what law the issue of liability was or would be determined.

(2) In ascertaining the responsibility of a member of a con- ference for the purposes of subsection (1), regard shall be had not only to the member's part (if any) in the particular matters giving rise to the proceedings but also to his general involvement in the affairs of the conference as shown, for example, by his share of the conference trade, the nature of pooling arrangements to which he is a party and the extent to which he contributes to the administrative expenses of the conference.

(3) Subsections (1) and (2) apply to any proceedings in the United Kingdom and to proceedings elsewhere in which the extent of the liability of a member of a conference falls to be determined by reference to the law of a part of the United Kingdom.

(4) Where in proceedings arising out of the Code----

(a) judgment is given against a member of a conference in respect of damage or loss caused to any person, and (b) the extent of the member's liability is not determined by

reference to subsections (1) and (2),

the member shall not, if it is sought to enforce the judgment in the United Kingdom, be liable to make good any greater pro- portion of that damage or loss than if the extent of his liability had been determined by reference to those subsections.

Merchant Shipping (Liner Conferences) Act 1982

c. 37

859

(5) A member of an unincorporated conference against which judgment is given, whether in the United Kingdom or elsewhere, in proceedings arising out of the Code in respect of damage or loss caused by any person by a breach of duty by the con- ference, shall not, by virtue of section 6(3), be liable to make good any greater proportion of that damage or loss than he would have been if the proceedings had been brought against him and the other members of the conference in respect of a duty owed by all the members of the conference and the extent of his liability had been determined by reference to subsections (1) and (2).

(6) Subsections (4) and (5) shall not affect the enforcement in the United Kingdom of a judgment required to be enforced there by virtue of Part I of the Foreign Judgments (Reciprocal 1933 c. 13. Enforcement) Act 1933 (judgments given in countries wth whom reciprocal arrangements exist) or Part I of the Civil Jurisdiction 1982 c. 27. and Judgments Act 1982 (judgments given in other E.E.C. member states).

6.—(1) A conference which is not a body corporate may never- Proceedings by theless suc and be sued in its own name in proceedings arising or against un-

incorporated out of the Code.

conferences.

(2) Subsection (1) applies to any proceedings in the United Kingdom and to proceedings elsewhere in which the capacity of a conference to sue and be sued in its own name falls to be determined by reference to the law of a part of the United Kingdom.

(3) A judgment given for or against an unincorporated con- ference in proceedings brought against the conference in its own name, whether in the United Kingdom or elsewhere, shall be binding on the members of the conference, and such a judgment given against a conference shall be enforceable—

(a) against any property held in trust for the purposes of the conference, to the like extent and in the like manner as if the conference were a body corporate; and

(b) against any member of the conference, subject to section

5(5).

(4) Subsection (3) applies in each part of the United Kingdom to judgments given by a court of that part or which are enforce- able or entitled to recognition in that part.

7.--(1) Legal proceedings arising out of a dispute relating to Restrictions the application or operation of the Code may be brought in the on legal United Kingdom only in the High Court or the Court of Session ; proceedings. and in this section the court means either of those courts.

"