Page 36 - claims information pack ebook_e

1992 Fund Claims Manual October 2016 Edition

historical financial results is to make it possible that the alleged loss resulted from the
to determine the revenue that could have been contamination.
expected during the period covered by the claim if
● Monthly breakdown of income for the
the spill had not occurred by taking into account period of the loss and over the previous
the past economic performance of the claimant’s three years.
business, for example whether its revenues had
been increasing or decreasing or had remained ● Where possible, monthly breakdown of
stable over recent years, and any underlining the quantity (kilograms) of each marine
reasons for such trends. In doing so, account product caught, harvested or processed
is taken of the particular circumstances of the for the period of the loss and over the
claimant and any evidence presented. In addition, previous three years.
catch records, sales records and records of fishing ● Saved overheads or other normal variable
expenses, or other evidence that indicates normal expenses.
fishing income and expenditure, may be considered,
as well as various aspects of fishing regulations ● Method of calculation of loss.
34 that apply to the fisheries in the polluted area. 3.3.12 Claimants should indicate whether they
Consideration is also given, as appropriate, have received any extra income as a result
to changes in fishing effort, species mix, of the incident. For example, claimants
catch rates, sales prices and expenses, according should indicate whether they have received
to prevailing trends in the fishing activities in which any payments or interim compensation
the claimant is engaged and their regulation. In the from public authorities or other bodies in
case of a relatively new fishing activity or business connection with the incident. Deductions will
with incomplete or no trading records, the average not normally be made, however, for small
reduction from similar activities or businesses in the amounts paid to individuals who, without
affected area can sometimes be used by assuming acting to protect their own property or trade,
that the new enterprise would have suffered a take part in clean-up operations.
similar downturn.
3.3.13 It is recognised that some fishery and
3.3.10 Compensation is paid on the basis of lost mariculture sectors are operated on a
gross profit, and so saved overheads or very small scale, some of which are at a
other normal expenses not incurred as a subsistence or only semi-commercial level.
result of the incident have to be deducted Such claimants may not be required to
from the loss in revenue. Such variable costs maintain records of catches or income and
fluctuate depending on the level of business will therefore have difficulty in submitting
achieved. The nature of items to be taken documentary evidence in support of their
into account would be business-specific claims. In such circumstances claims
but could include cost of purchases such would be assessed on the basis of relevant
as food, fishing bait, ice and packaging, fuel information available, such as government
and lubricants, utilities such as gas and statistics or other published information
electricity, and transport. Any saved labour and field surveys of the affected fishery and
or crew costs should also be deducted from similar unaffected fisheries. The 1992 Fund
the reduction in turnover. has published a number of sets of guidelines
to assist claimants in presenting claims
3.3.11 Claimants need to substantiate their loss
with appropriate evidence, including the in specific sectors, including the fisheries,
following information: mariculture and fish processing sector.
Guidelines are also available to assist
● Nature of the loss, including evidence experts in the assessment of claims in that