A GROUP of English fishing companies are suing the States for damages after they were refused permission to work off Guernsey.

The long-running case came back to court yesterday as the action, led by I.F. Ltd, narrowed to a claim for compensation.

Advocate Gordon Dawes (pictured), representing the English companies, highlighted the history of the case, which was brought originally as a challenge to a 2003 States ordinance that banned fishing within three to 12 miles of Guernsey unless a licence was obtained.

Fishermen from Jersey and the UK who were refused licences took action against the States and the Royal Court ruled that the ordinance was unlawful.

That ruling was subsequently challenged, with the Court of Appeal partially overturning the original decision before the Privy Council ruled in 2007 that the ordinance was indeed unlawful.

Many of the original claimants are not pursuing compensation but four English companies – I.F Ltd, Interfish Wirons Ltd, Scerene Fishing Company Ltd and John Hartley Lovell – have continued to seek damages for periods of lost earnings between 2003 and 2007.

‘I believe all the matters of fact in the context of liability have been resolved through the litigation,’ said Advocate Dawes.

‘The ordinance is fact, the judgements by this court, the Court of Appeal and then the Privy Council are fact. So I do not believe there will be issues with regard to fact.

‘I regret that this matter has not been progressed more quickly.’

Advocate Dawes said he was very keen to get on with the case without too much further delay, although he required more time to establish exactly how much his clients’ claim for damages would be.

Lt-Bailiff Patrick Talbot QC asked how long it would take for Advocate Dawes to get the particulars of loss and damage.

‘I would hope it to be about three months,’ said Advocate Dawes.

Mr Talbot encouraged all parties to try and resolve the matter out of court.

‘Court cases of this nature are fascinating legally but costly,’ he said.

‘Cases like this held many years after the event tend to be very complicated and I would encourage the use of mediators if necessary to get this resolved.’

The case was adjourned until 19 January.