1 IN THE HIGH COURT OF JUSTICE CLAIM NO ... - Platform

V. LOSS AND DAMAGE40. By reason of the matters aforesaid the Claimant has suffered loss and damage.41. It is estimated that approximately 8,106 hectares of mangrove swampland andwaterways belonging to the Community have been impacted by the said oilspills. The Claimant avers that the damage includes:41.1. Mangroves. The wood from mangroves supports the domestic energyneeds of the individual members of the Community. Further,mangroves are productive ecosystems and support large populations ofshellfish and fish. It is estimated that approximately 2,923 hectares ofmangrove swampland belonging to the Community have been heavilyimpacted and a further 5,183 hectares have been moderately impactedby the said oil spills. It is averred that damage to mangroves hashampered the long term viability of the Community’s economicactivities.41.2. Fishing. A dramatic reduction of species abundance and diversity inthe macrobenthos at Bodo. Pre-spill samples reported a total of over6,000 individual organisms of 49 species whereas post-spill samplesreport a total of only 167 individual organisms from just 4 species. Intotal numbers, the macrobenthic fauna was reduced by 97% as a resultof the said oil spills. As a result, the Claimant avers that fishing andshellfish harvesting is no longer viable in the Bodo creek. To theextent that any fish or shellfish have survived they are polluted bycrude oil and toxic to human consumption.41.3. Aquaculture. Further, the Community engaged in aquaculture,consisting of fish farming in small ponds for sustenance and sale.Without exception, the fish ponds within the Community are no longerfunctioning and remain polluted.23