Courts / Kerry / Report

Minister not negligent as Habitats Directive created no duty of care towards fishermen

Summary

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.

Who, what, where, when and why

What: Report matter: Minister not negligent as Habitats Directive created no duty of care towards fishermen. Procedural stage: hearing_or_decision

When:

• 2008 to 2010 Other
• 2016-03-02 Publication

Why: In this case, the Supreme Court held that: firstly, a public body cannot be liable in negligence for exercising a statutory duty, where the legislation does not create a duty of care towards the claimant; secondly, it cannot be liable in negligence based upon the policy it pursued in applying legislation, unless the claimant has brought successful judicial review proceedings impugning that policy; and, thirdly, the High Court should not award damages to a company for a wrong perpetrated against CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report