Direct Action against P&I Clubs
As discussed in Chapter 27, there are a number of instances in which a claim may be made directly against a club pursuant to international liability conventions. These include (i) the ability of claimants under the Civil Liability Convention to claim against a Club putting up a CLC “Blue Card”, the 1992 Fund’s ability to proceed directly against a club in respect of its liability under STOPIA and TOPIA, (ii) claims under paragraph 10 of Article 7 of the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, and (iii) a (prospective) right of direct action under the 2002 Protocol to the Athens Convention 1974 and the HNS Convention, as well as the Nairobi Wreck Removal Convention. The clubs were however able to remove the provisions relating to direct access against insurers set out in the draft text of the EU Directive on the insurance of shipowners for maritime claims (the Insurance Directive).
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