The Court of Appeal has dismissed an appeal by the County Council for the County of Mayo over its share of responsibility for a ferry grounding at Roonagh Pier, while increasing the council’s contribution to the respondents’ High Court costs.
The judgment, delivered on 23 January 2019, upheld the High Court’s finding that the council was two-thirds responsible for the accident and the ferry operators and skipper were one-third responsible. The appeal concerned contribution or indemnity between the parties after the respondents settled the injured passenger’s claim. The passenger’s claim had been settled for €73,215, with costs of €47,691.18, a total of €120,941.18.
The grounding happened in darkness on 20 December 2011 as the “Pirate Queen” was attempting to berth at Roonagh Pier after travelling from Inishturk. The vessel went aground on rocks, causing slight damage to the vessel and injury to the passenger. It was lifted by the swell shortly afterwards and entered the harbour safely.
The council accepted responsibility for the placement, repair and maintenance of navigational lights at the pier. The High Court found that the green pier light and one of the leading lights were not working. The skipper said he expected the lights to work and intended to rely on the leading lights during the approach. The Court of Appeal said there was credible evidence supporting the trial judge’s conclusions that the failed lights contributed to the grounding and that the council’s maintenance system was deficient.
The council argued that the skipper’s actions were the effective cause of the accident and challenged the trial judge’s factual findings. The Court of Appeal said it could not substitute its view for findings supported by credible evidence. It also rejected the argument that the skipper’s conduct broke the chain of causation, finding no evidence that his attempt to bring the ferry into the pier was wholly unforeseeable, criminal or reckless in the subjective sense.
The court dismissed the appeal on liability. It allowed the appeal only on costs: the High Court had ordered the council to pay 50% of the respondents’ costs of the contribution and indemnity issue. The Court of Appeal varied that order to two-thirds, saying that this proportion matched the council’s share of liability and that sufficient reason had not been given for departing from it. The respondents’ finding of one-third responsibility was not cross-appealed.