Decision ID: 001383

In July 2002 the 1971 Fund Administrative Council noted that a claim by a whelk processor based in Devon had been rejected by the 1971 Fund on the grounds of lack of reasonable proximity between the oil pollution and the alleged loss (lack of geographic proximity, low degree of dependence on supplies from the affected area and not forming an integral part of the economic activity within the affected area). The Council noted that in April 2002 a hearing was held in the Admiralty Court to decide on the question of principle as to whether the claim for loss of profits constituted pollution damage within the meaning of the United Kingdom Merchant Shipping Act 1995 (which implemented the 1969 Civil Liability and 1971 Fund Conventions). The Council noted that in May 2002 the Court had decided the preliminary issue in favour of the 1971 Fund and found that the claim was inadmissible. The Council noted, however, that the Court had given the claimant permission to appeal to the Court of Appeal on the grounds that the case raised issues of principle of general importance in the development of substantive law.

Date: 30.06.2002
Category: Pure economic loss (fisheries and mariculture)
Subjects: Admissibility criteria, Link of causation between the loss and the contamination