Decision ID: 001276

In October 2001 the 1992 Fund Executive Committee noted that the Tribunal de Sables d’Olonne had declined jurisdiction in respect of an action against the shipowner, the vessel management company, the insurer and Total Fina brought by the owner of a taxi boat in Concarneau and had appointed a court expert to assess the loss actually suffered by the claimant. It was noted that in his report, after considering the additional evidence provided by the claimant, which showed that he had been involved in the transport of tourists in the area affected by the spill, the expert had concluded that the there was a link of causation between the loss of income suffered by the claimant in 2000 and the Erika incident. It was further noted that based on the documentation submitted to the court expert the 1992 Fund had assessed the loss of income at £43 000, which was within the range quantified by the court expert. The Committee noted that the claimant had agreed with the assessment and the claim was settled at that amount.

Category: Pure economic loss (tourism)
Subject: Assessment of quantum