PART 1Sanctions regulations
CHAPTER 4Court reviews
39Court reviews: further provision
1
Subsection (2) applies to the court in any of the following proceedings—
a
b
any proceedings on a claim arising from any matter to which a relevant application relates;
c
if—
i
a designation made under a designation power contained in regulations under section 1 is revoked without an application under section 38 being made,
ii
a ship specification (within the meaning of section 38) is revoked without such an application being made, or
iii
a corrective direction is given under section 34(3)(b) without such an application being made,
any proceedings on a relevant claim.
2
If the court would, in the absence of this subsection, have power to award damages, the court may not award damages unless—
a
the reason (or one of the reasons) that the court would have that power is that it is satisfied that the tort of negligence was committed, or, in Scotland, that there has been negligence, or
b
the court is satisfied that the decision concerned was made in bad faith.
3
In subsection (1)(c)—
a “corrective direction” means a direction given in respect of a person and a list following the giving of a direction under section 34(3)(a) in respect of that person and list;
a “relevant claim” means a claim made by (as the case may be)—
- a
a person designated by the designation,
- b
a person affected by the ship specification, or
- c
the person in respect of whom the direction under section 34(3)(a) was given,
which arises from any matter relating to the designation, ship specification or direction.
- a
4
In subsection (2) “the decision concerned” means—