Courts / Kerry / Report
Boatman fails in bid to land passengers at Skellig Michael until High Court action is determined
Summary
The High Court has dismissed an application by boatman Sean Feehan to land passengers at Skellig Michael pending the determination of his legal action against the Office of Public Works (OPW). Mr Feehan, of Dunegan, Ballinskelligs, challenged the OPW's revocation of his permits, which followed his guilty plea in September 2015 at Cahirciveen District Court to three offences under the Merchant Shipping Act. He was fined €850 for operating a vessel dangerously, without an appropriate license, and failing to ensure the master was qualified. Although Mr Feehan secured temporary injunctions preventing the OPW from issuing replacement permits to others, Mr Justice Tony O'Connor refused to extend these measures or allow Mr Feehan to continue landing passengers. The judge ruled that Mr Feehan had not made out a strong case likely to succeed at the full hearing and determined that damages would be an adequate remedy. The court emphasized that visitor safety to the UNESCO world heritage site outweighed any potential reputational damage to Mr Feehan. The OPW denied the claims of unfairness and unlawfulness, citing safety concerns. The matter was adjourned and will return before the court in a month's time to proceed to a full hearing.
Who, what, where, when and why
What: Report matter: Boatman fails in bid to land passengers at Skellig Michael until High Court action is determined. Charges or matters: three offences under the Merchant Shipping Act. Procedural stage: sentence
When:
- September 2015 Hearing Or Sentence
- 2016-05-05 Publication
Why: In his ruling Mr Justice Tony O Connor said he was not going to grant Mr Feehan an injunction because he had not made out a strong case likely to succeed at the full hearing. CNI source report
Case subjects
Applicant
Charges: three offences under the Merchant Shipping Act (Alleged Or Contested)
Outcome: Mr Feehan was fined €850.; The case was adjourned and will return before the court in a month's time.
Defendant
Charges: three offences under the Merchant Shipping Act (Admitted)
Plea: Guilty
Outcome: The case was adjourned and will return before the court in a month's time.
Places mentioned
- The High Court
- High Court
- Cahirciveen
- Cahirciveen District Court
Topics
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