International Interests in Mobile Equipment (Cape Town Convention) Act 2005

Proceedings for compensatory damages under Article 28 of the Cape Town Convention.

9

9.—In any proceedings for damages brought by a person under Article 28 of the Cape Town Convention, the court—

( a) shall take into account the extent to which the person and the Registrar and the Registrar's officers and employees have respectively complied with the regulations (if any) in force under Article 17(2)( d) of that Convention relating to the operation of the International Registry and the associated international registration system and with any requirements, conditions or limitations imposed under those regulations, and

( b) shall have particular regard to the provisions (if any) of the regulations that relate to the resolution of disputes involving, and the determination of claims for damages made against, the Registrar.