High Court rules in favour of the 1971 Fund in the Nissos Amorgos case

Today in a judgment handed down at the High Court (Commercial Court) in London in respect of the Fund’s application to challenge the jurisdiction of the Court, Mr Justice Hamblen found in favour of the 1971 Fund.
The Judge found that there was no contract between Gard and the 1971 Fund as alleged, and that there was no intention to create legal relations.
On the question of the 1971 Fund’s immunity, the Judge concluded that the alleged contract was neither a contract of loan nor a transaction for the provision of finance falling within the exception to immunity from suit in the 1979 Order implementing the 1971 Fund’s Headquarters Agreement. Consequently, the Judge found that the Courts of England and Wales had no jurisdiction over the claim by Gard against the 1971 Fund.
A document providing a summary analysis and a copy of the judgment is available here. This document will be considered at the meeting of the 1971 Fund Administrative Council in London next week.