Decision ID: 001038

In October 1997 the 1971 Fund Executive Committee considered a claim by a company that sold angling rights for losses resulting from its decision to make a 20% refund to the anglers who had purchased angling rights for the 1996 angling season, corresponding to the fees for the period during which the fishing ban imposed by the United Kingdom Government was in force. The Committee noted that, according to the company’s rules and regulations, it was not under any legal obligation to reimburse angling fees for the part of the year that the ban was in force and this also precluded the application of the doctrine of frustration of contracts. The Committee also noted that the anglers were not deprived of the entire benefits of the contracts with the company, since fishing was prohibited during only part of the season. The Committee decided therefore that the company was not entitled to compensation for losses suffered as a result of the reimbursement of angling fees.

Date: 30.09.1997
Category: Pure economic loss (fisheries and mariculture)
Subjects: Admissibility criteria, Link of causation between the loss and the contamination, Specific claims considered by the governing bodies