Decision ID: 000391

In October 1994 the 1971 Fund Executive Committee agreed to re-examine the claim by a smolt producer (Landcatch) in the light of new information provided by the claimant. In a session held in private at which only the delegations representing 1971 Fund Member States were present, the Committee dealt with two main issues, namely the geographic proximity and the financial inter-dependency of Landcatch and the Shetland salmon farming industry. In the Committee’s view, Landcatch’s smolt rearing activity was geographically more remote from the contamination than the activities of claimants who had received compensation in the Braer case or in previous cases and should not be seen as a joint venture with the Shetland salmon farming industry. The Committee did not accept that a criterion of economic inter-dependency or the concept of ‘inextricably linked’ were appropriate claims admissibility tests and confirmed its decision to reject the claim.

Date: 30.09.1994
Category: Pure economic loss (fisheries and mariculture)
Subjects: Admissibility criteria, Link of causation between the loss and the contamination