This Is Guernsey

By Joel de Woolfson

A FISHERMAN who lost his right hand in an accident while working off Guernsey’s coast was not negligent in any way, his advocate told the Court of Appeal yesterday.

Paul Stone had been found to be 40% responsible by three Jurats at an earlier civil hearing. But he is appealing against that, claiming that the blame was all skipper Mark Hickman’s.

The ruling meant that any compensation that Mr Stone received – a sum has yet to be agreed – would be reduced by 40%. His advocate, Jeremy Wessels, told the court that the only evidence given during the trial to suggest his client contributed to the negligence was that he had picked up a crab pot that had fallen off the ‘shooting table’ when he should have known, as an experienced fisherman, to leave it.

‘There was no theory put forward by the defence of how my client could have had contributory negligence other than by picking up the pot,’ he said.

Mr Stone claimed that the accident occurred when a crab pot fell, but Mr Hickman denied this and said Mr Stone’s hand got caught up in the rope while the pot was on the table.

The Jurats agreed with Mr Hickman.

Deputy Bailiff Richard Collas told the Jurats while summing up at last year’s hearing that they would only have to consider contributory negligence on the part of Mr Stone if they agreed the pot had fallen off the table and the plaintiff picked it up.

Jersey Bailiff Sir Philip Bailhache, presiding at the appeal yesterday, said: ‘It seems to me the Deputy Bailiff was clear in saying that they should not have considered contributory negligence if they did not believe the pot fell.’

Advocate Wessels added: ‘That direction was clear and the Jurats did not follow it. My argument is that the Bailiff’s directions were right then and they are right now.’ A decision will be made today.