2016-03-02 · Kerry
Minister not negligent as Habitats Directive created no duty of care towards fishermen
In 2016 the Supreme Court ruled that a public body cannot be liable for negligence when the legislation does not create a duty of care towards the claimant, nor when liability is based on the policy pursued unless the claimant has successfully challenged that policy in judicial review. The case involved Cromane Seafoods Ltd and O'Sullivan McCarthy Mussel Developments Ltd, companies sharing directors, whose mussel cultivation in Castlemaine Harbour was halted after the harbour was designated a Special Area of Conservation under the Habitats Directive. Cromane and O'Sullivan sued the Minister for Agriculture for negligence and breach of legitimate expectation, claiming loss of income and profit. The High Court found the Minister negligent and awarded damages, but the Supreme Court allowed the Minister's appeal, holding that no duty of care arose under the Sea‑Fisheries and Maritime Jurisdiction Act 2006 or the Habitats Directive.