An application by a number of large trawler operators for an injunction, arising out of a new policy directive relating to the replacement tonnage of vessels, was rejected yesterday by the Commercial Court, a new division of the High Court.
The proceedings were brought by Cavankee Fishing Co Ltd; Brendelen Ltd; Atlantean Ltd; Antarctic Fishing Co Ltd; Eileen Oglesby and Aine Fishing Co Ltd, all based in Killybegs, Co Donegal, against the Minister for Communications, Marine and Natural Resources; the Registrar General of Fishing Boats, Ireland; and the Attorney General.
The trawler operators had sought an injunction to restrain, pending the full hearing of legal proceedings, the defendants from applying paragraph H of a policy directive, given by the Minister, to their vessels.
The directive at the centre of the dispute sets out a requirement for owners of large vessels to buy and decommission replacement tonnage allocations of smaller vessels in a different segment of the fleet.
Under EU fisheries regulations, the tonnage of the Irish fleet is restricted and vessels cannot be licensed unless they have a tonnage allocation to match the vessel size.
When seeking interlocutory injunctions, plaintiffs have to establish that there is a serious issue to be tried, that damages would not be an adequate remedy and that the balance of convenience favours the granting of the injunction.
In his reserved judgment yesterday, Mr Justice Kelly, who heard the application on Monday, said he was prepared to assume, without deciding, that the plaintiffs did in fact have a serious issue for trial in relation to at least some of the arguments they made in condemnation of paragraph H.
Dealing with the damages issue, the judge said he was satisfied, having regard to the affidavit evidence, that the damages suffered could be quantified and that the loss allegedly suffered was clearly a commercial loss.
There was no doubt about the defendants' capacity to pay any damages awarded against them, the judge added.