Sea Pollution (Hazardous Substances) (Compensation) Act 2005

Payment of interest on judgment and payment of costs.

19

19.—(1) An order under section 18 may, at the discretion of the court provide for the payment to the applicant concerned by the respondent concerned of the reasonable costs of or incidental to the application for the order.

(2) Where, on an application for an order under section 18 , it is shown that, in accordance with the law of the State Party in which the judgment was given, interest on a sum, the payment of which is provided for in the judgment, is recoverable under the judgment at a particular rate or rates and from a particular date or time, the order, if made, shall provide that the person by whom the sum aforesaid is payable shall also be liable to pay the interest aforesaid apart from any interest on costs recoverable by virtue of subsection (1), in accordance with the particulars noted in the order, and the amount of the interest shall be recoverable by the applicant concerned as if it were part of the sum aforesaid:

Provided that where the judgment debtor limited his or her liability in accordance with Article 9 of the Convention the aggregate of the interest payable by virtue of this subsection and the amount of compensation payable by the judgment debtor in respect of the incident concerned shall not exceed the maximum amount of compensation payable under that Article in respect of any one incident caused by hazardous and noxious substances carried on board the ship concerned.

(3) Interest shall be payable on a sum referred to in subsection (2) of this section only as provided for by this section.