Civil War

If the pollution damage is the direct result of an act of war or hostilities, civil war or insurrection. If the oil has escaped from a warship or a vessel on government service as opposed to commercial service. If the claimant is unable to prove that the source of the spillage was a ship or ships. If the damage results wholly or partially from an intentional or negligent act of the claimant. Under Article 6, action must be brought within three years from the date when the damage occurred, otherwise the claimant’s rights will be extinguished. This applies to both victims of pollution and to tanker owners seeking indemnity under the provisions of Article 5. In no circumstances shall any action be brought later than six years after the date of the incident which caused the damage. Article 6 (2) says that the right of a tanker owner, or his guarantor, to seek indemnification from the Fund shall in no case be extinguished until the expiry of six months from the date on which the owner (or guarantor) came to know of the bringing of an action against him under CLC. It should not be forgotten when considering oil pollution in respect of the international agreements and consequential legislation that there can well be liability under Common Law for pollution. Pollution in simple terms is interference, presumably unjustifiable, with an acquired possession and/or enjoyment of property, be it land or sea. Liability for pollution under the Common Law can come under one or more of the torts of trespass, public nuisance, private nuisance or just plain negligence.