Decision ID: 000615

. In June 1996 the 1971 Fund Executive Committee decided that the Fund should appeal on matters of principle where a judgement was at variance with the criteria for the admissibility of claims laid down by the Fund’s governing bodies or where the court accepted claims that fell outside the scope of application of the Conventions. The Committee also decided that the Fund should appeal where the quantum of the compensation awarded by a court differed substantially from the amount assessed by the Fund’s experts and the amounts involved were considerable. The Committee considered that it would not be appropriate for the Fund to appeal in cases where a court had taken a different view in respect of evidence to that which the Fund would have taken, but where the court’s decision was not unreasonable. The Committee stated that the same should apply if the amount determined by a court in respect of a particular claim differed from the amount assessed by the Fund’s experts but where the court’s assessment was, in the Fund’s view, nevertheless reasonable. The Committee expressed the view that it would not be appropriate for the Fund to appeal in respect of small claims where no matters of principle were involved.

Date: 31.05.1996
Category: Legal actions
Subject: Policy in respect of appeals