Decision ID: 001020

In February 1999 the 1971 Fund Executive Committee noted a judgement rendered by the Korean Court (which at the time was not available in writing), which had found that members of the Yosu Fishery Co-operative had suffered pollution damage, but having not been able to calculate the quantum of the loss, had decided to award compensation for ‘pain and suffering’. The Committee took the view that ‘pain and suffering’ did not fall within the definition of ‘pollution damage’ in the 1969 Civil Liability and 1971 Fund Conventions and decided that the Fund should appeal against the judgement. The Director was instructed to examine the written judgement and to submit the claim to the Committee at its 61st session for renewed consideration in the light of the Court’s reasoning.

Date: 01.02.1999
Category: Personal injury
Subject: Compensation for pain and suffering in lieu of economic loss