Page 62 - claims information pack ebook_e

Guidelines for presenting claims in the fisheries, mariculture and fish processing sector

13

Consequential loss instance, if the sea is covered with oil on your
4.2 These are losses caused as a result of normal fishing grounds and you cannot go
contamination to your property. If your somewhere else to fish, then you can claim
fishing gear or business equipment has been compensation for the money you would have
contaminated by oil then you can claim for made if the pollution had not happened. If
the money you lose through not being able nobody will buy your produce because they
to use the gear until it has been cleaned or believe it is tainted by oil, then you can claim
for this, though it is not always easy to prove.
replaced. However, it is your responsibility to Or, if you are a fish seller and you cannot get
get back to normal as quickly as possible; the fish to sell because nobody is catching it, then
1992 Fund might pay only for what it considers you can claim compensation for the lost profit.
to be a reasonable period of time for you to However, there has to be a close link between
resume normal business. Remember, the
the oil pollution and your losses.
Fund will compensate only for loss of profit,
and this will be calculated as the value of 4.4 You may be able to claim for actions which will
your normal catches less the amount you prevent further economic losses. For instance,
would normally spend on such things as if you are finding it difficult to sell your fish
fuel and bait. because people think it might be contaminated
by oil, then the reasonable costs of a marketing
Pure economic loss
campaign to reassure the public might be
4.3 Even if your fishing or mariculture gear paid by the 1992 Fund. You should talk to a
or business equipment has not been representative of the 1992 Fund/shipowner’s
contaminated by oil, you might not be able insurer before going ahead with this kind
to go about your normal business. For of action.