Decision ID: 001139

In October 2000 the 1971 Fund Administrative Council noted that in July 2000 the Appeal Court had rendered a compulsory mediation decision in respect of the claims by arkshell farms and hatcheries accepting the 1971 Fund’s position that compensation should not be granted for pain and suffering. It was noted that the Court had expressed the opinion that although the claimants had suffered property damage it would not accept the amounts claimed, instead awarding £214 000 and £48 000 for the arkshell cultivation farms and arkshell hatcheries respectively plus interest. The Council noted that, since it was likely that neither opposition to this decision nor an appeal to the Supreme Court would succeed, the Director had decided that the Fund should accept the Court’s decision on the condition that the claimants did not lodge opposition. It was noted that the claimants had not opposed the decision and that the Fund had paid the amounts determined by the Court.

Date: 30.09.2000
Category: Pure economic loss (fisheries and mariculture)
Subjects: Admissibility criteria, Loss of income from fishing due to contamination of fishing grounds or imposition of fishing bans, Specific claims considered by the governing bodies