Sea Shepherd UK v Fish & Fish Ltd

Summary

Hilary Term
[2015] UKSC 10
On appeal from: [2013] EWCA Civ 544

JUDGMENT

Sea Shepherd UK (Appellant) v Fish & Fish Limited (Respondent)

before

Lord Neuberger, President
Lord Mance
Lord Kerr
Lord Sumption
Lord Toulson

JUDGMENT GIVEN ON

4 March 2015

Heard on 8 December 2014

Appellant
John Russell QC
(Instructed by Clyde & Co LLP)

Respondent
Michael Davey QC
(Instructed by Hill Dickinson LLP)

LORD TOULSON:

Introduction

This appeal concerns accessory liability in tort. The appellant, Sea Shepherd UK, is an English company. The other defendants, Sea Shepherd Conservation Society and Mr Paul Watson, have no presence in the UK. The appellant is therefore the anchor defendant for the purpose of the English court having jurisdiction to entertain the action.

The claim is for loss and damage allegedly suffered by the claimant, Fish and Fish Limited, in an incident in the Mediterranean Sea on 17 June 2010 when conservationists mounted an operation designed to disrupt the bluefin tuna fishing activities of the claimant. The appeal arises from the determination of a preliminary issue as to whether the incident was directed and/or authorised and/or carried out by the appellant, its servants or agents, and whether the appellant was liable, directly or vicariously, for any damage sustained by the claimant.

After a trial which included oral evidence, Hamblen J decided the issue in favour of the appellant and dismissed the claim against it: [2012] EWHC 1717 (Admlty), [2012] 2 Lloyd's Rep 409. He also directed that service of the proceedings on the other defendants out of the jurisdiction be set aside.

Hamblen J's decision was overturned by the Court of Appeal (Mummery, McCombe and Beatson LJJ) for reasons set out in the judgment of Beatson LJ: [2013] EWCA Civ 544, [2013] 1 WLR 3700. The court gave the following answer in its order to the question raised by the preliminary issue:

"On the assumption that the incident on 17 June 2010 was tortious, [Sea Shepherd UK] is liable for any alleged damage to the tuna fish cage and/or the release of the fish on the ground that it joined with the [other] [d]efendants in a common design to carry out such acts (and not on any other basis."

Background

The claimant operates a fish farm off Malta. On the day of the incident it was using two vessels to transport a catch of tuna in fish cages when they allegedly came under attack from a vessel, the "Steve Irwin", under the command of the defendant Mr Watson. It is alleged that a cage was rammed and divers from the "Steve Irwin" tore it open, enabling the fish inside to escape.

Mr Watson is a Canadian environmentalist and US citizen. He is dedicated to the cause of marine wildlife conservation. In 1977 he broke away from Greenpeace and formed the defendants Sea Shepherd Conservation Society (SSCS), now based in the state of Washington, USA. SSCS has since become the parent of a network of national Sea Shepherd entities including the…

JUDGMENT

4 March 2015

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