HC Deb 23 July 1958 vol 592 cc602-3

Lords Amendment: After Amendment last inserted, insert new Clause "F":

  1. (1) In making any distribution in accordance with section five hundred and four of the Merchant Shipping Act, 1894, the court may, if it thinks fit, postpone the distribution of such part of the amount to be distributed as it deems appropriate having regard to any claims that may later be established before a court of any country outside the United Kingdom.
  2. (2) No lien or other right in respect of any ship or property shall affect the proportions in which under the said section five hundred and four any amount is distributed amongst several claimants.

Mr. Neave

I beg to move, That this House doth agree with the Lords in the said Amendment.

Both these subsections relate to the distribution of the limitation fund, and the first is necessary to allow the courts to take account of contingent claims abroad when distributing the limitation fund in accordance with Section 504 of the Merchant Shipping Act, 1894. Subsection (2) gives effect to Article 3 (2) of the Convention, which provides for the distribution of the limitation fund in proportion to established claims.

Question put and agreed to.