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“Morris J Berman” Caribbean Petroleum -v- Cristal Limited

15th Oct 2003

[2004] 1 Lloyd’s Rep. 48

David Bailey – Oil pollution – construction of the Cristal contract

Contract – Construction – Cristal contract – Oil spill – Whether compensation paid by claimants in settlement of claims brought by U.S. Department of Justice on behalf of U.S. Oil Spill Liability Trust Fund constituted “amounts paid by a Person to compensate another Person for Pollution Damage or Costs of Threat Removal Measures” within meaning of Clause IV(C) – Whether such compensation excluded under Clause IV(C) by reason of being “amounts paid by a fund established and/or maintained by means of assessments against Oil Companies to compensate another Person for Pollution Damage or Costs of Threat Removal Measures” within meaning of same clause.

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