Supreme Court recognises State's 'duty of care' to mussel seed fishermen

The Supreme Court has allowed an appeal by four commercial fishermen who contended that the State owed them a duty of care when permitting access to mussel seed fishing zones. The plaintiffs, including Gerard Kelly of Greencastle, County Donegal, invested approximately €14.25 million collectively in vessels and equipment between 2002 and 2004, stating they did so with active State encouragement. However, Northern Ireland-registered vessels subsequently fished the stocks unlawfully, causing yields to collapse by 2006. A 2016 Supreme Court judgment confirmed this fishing lacked constitutional authority. The fishermen initially lost their High Court damages claim in 2019 and their subsequent Court of Appeal challenge in 2022. The Supreme Court's decision today sets aside the Court of Appeal order and remits the matter to the High Court to determine whether the State acted negligently or irrationally in allocating access, and whether adequate liability disclaimers existed.