Decision ID: 003263

In June 1993 the 1971 Fund Executive Committee considered claims submitted by the Shetland Salmon Farmers’ Association in respect the costs of measures taken during the period January – March 1993, ie the period immediately following the incident, to limit the damage caused by the incident to the reputation of Shetland salmon. The Committee decided that the activities covered by the claims should be considered as falling within the definition of “ preventive measures” to the extent that the activities fulfilled certain criteria laid down by the Committee, namely that the costs of the measures were reasonable and not disproportionate to the further damage or loss that they were intended to mitigate, that the measures were appropriate, offered a reasonable prospect of success and in the case of marketing campaigns, related to actual targeted markets. For this reason, the Committee authorised the Director to make final settlements of these claims.

Date: 31.05.1993
Categories: Pure economic loss (general), Preventive measures, Pure economic loss (fisheries and mariculture), Compensation payments
Subjects: Measures to prevent or minimise pure economic loss, Interpretation of the definition of 'preventive measures' in Article I.7 of the 1969 and 1992 Civil Liabilty Conventions., Marketing campaigns, Authorisation to settle claims, Specific claims considered by the governing bodies, Admissibility Criteria