Fishing case could prove a landmark ruling
Thursday 10th September 2009, 1:00PM BST.
A CASE in which four UK fishing companies are suing the States for damages could result in a landmark ruling, according to the claimants’ advocate.
Gordon Dawes is representing the businesses as they seek compensation after being refused permission to fish off Guernsey.
The long-running case came back to court this week after having originally appeared as a challenge to a 2003 States ordinance that banned fishing within three to 12 miles of Guernsey unless a licence was obtained.
Guernsey eventually lost that battle when the Privy Council ruled in 2007 that the ordinance was unlawful.
I.F. Ltd, Interfish Wirons Ltd, Scerene Fishing Company Ltd and John Hartley Lovell brought the action for damages as a result of lost income from having been refused a licence during the time the law was in place.
The case has been adjourned until 19 January to allow Advocate Dawes to establish exactly how much his clients’ claim for damages will be.
He confirmed a forensic accountant would be employed to report on the value of the claim.
‘I don’t know what the value of the claim will be and would be reluctant to speculate,’ he said.
‘I am sure it will not bankrupt the States, though.’
Lt-Bailiff Patrick Talbot QC encouraged all parties to try and resolve the matter out of court.
He suggested using an independent mediator and Advocate Dawes said his clients would be willing to do that if the States agreed.
‘This is a common way to attempt to resolve court disputes these days,’ he said.
‘I suspect, though, that the States will deny any liability at all as a matter of pure law and therefore have no offer to make.’
Advocate Dawes said the case would examine in some detail the status, rights and obligations of the States of Guernsey as a legal entity.
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If the four companies are to claim compensation for lost income for not being allowed to fish in Guernsey waters then surely they have to prove that they would have caught more in Guernsey waters during that period than in any other place that they are legally allowed to fish.
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Carl;
You forget.
they’re bigger than us, and more aggresive.
I know; let’s ask the Icelandic people to come here with their wonderful trawls, that cut the lines of those fisher folk that fished unlawfully in Icelandic waters.
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