Decision ID: 001045

In April 1999 the 1971 Fund Executive Committee considered the question as to whether or not claims by six angling associations, two angling clubs and two private owners of fishing rights had become time-barred vis-à-vis the 1971 Fund. It was noted that a single writ had been issued by the claimants on 11 February 1999 naming the shipowner and the insurer and the insurer as defendants and that the Fund had been notified of the writ, which had been attached to a letter dated 26 February 1999 and which had been received on 2 March 1999. The Committee agreed that the damage allegedly suffered by the claimants had not been sustained until 20 March, the date on which the Parliamentary Order closing the river had taken effect. The Committee took the view that the claimants had fulfilled the notification requirements under Article 7.6 of the 1971 Fund Convention and therefore decided that the claimants had notified the Fund before the expiry of the three-year period laid down in Article 6.1 and that the claims were not time-barred. The Committee emphasised that the position it had taken on the time bar issue should not be interpreted as acceptance of admissibility of the claims.

Category: Pure economic loss (fisheries and mariculture)
Subject: Link of causation between the loss and the contamination