The High Court awarded Patrick Sheehy €25,000 for the value of his fishing vessel, the Atlantic Mariner, after a retrial limited to the vessel’s value when it foundered and a claim for loss of use. Mr Justice Charles Meenan delivered judgment on 16 December 2022.
The retrial followed a Court of Appeal decision that overturned an earlier €100,000 damages assessment and directed a new assessment on those two issues. The defendants had accepted negligence and breach of duty in failing to safeguard the vessel, which was lost after it was moved during storm-force winds in March 2008.
The judge found that, on the balance of probabilities, the vessel would not have been leased or used by Mr Sheehy for fishing. He cited the vessel’s low fishing activity in 2006 and 2007, its engine problems and the improvements needed before it could be leased. The court also considered Mr Sheehy’s financial and health difficulties and evidence that he had said the vessel would not fish again and would be scrapped. Mr Sheehy denied making that statement; the judge preferred the evidence of the customs officer who recounted it. The court concluded that no loss-of-use damages had been established.
On the vessel’s value, the judge found it was in poor condition in March or June 2008. He considered evidence from witnesses who described missing electronics, damaged doors and the need for refurbishment, alongside evidence from Mr Sheehy and a diver who said it was in good condition. The judge found the evidence of poor condition more comprehensive.
The defendants’ valuation witnesses considered the vessel to have no value. The judge nevertheless concluded that it must have had some value, referring to evidence about comparable vessels and a fishing boat sold for €12,500 in 2005. He assessed the Atlantic Mariner’s value at €25,000. He said Mr Sheehy had not provided valuation evidence for the relevant date, and that the assessment reflected the evidence, or lack of evidence, before the court at the retrial.
The court directed that written submissions on costs, limited to 2,000 words, be filed by 13 January 2023. The matter was listed for final orders on 27 January 2023. The judgment does not state what costs or final orders were subsequently made.