Fish & Fish Ltd v Sea Shepherd UK & Ors [2013] EWCA Civ 544 (16 May 2013)

Fish & Fish Ltd v Sea Shepherd UK & Ors [2013] EWCA Civ 544 (16 May 2013)

Sea Shepherd UK was found to have participated in a common design with Sea Shepherd Conservation Society and Paul Watson to carry out acts which, in the event, proved tortious, including violent intervention against Fish & Fish Ltd's property. Sea Shepherd UK's acts—processing and remitting campaign donations, supporting campaign logistics, and publicly presenting itself as involved in the campaign—were sufficient to constitute joining in the common design. Mere facilitation is not enough, but the evidence, including the Trustees' Report and campaign activities, showed Sea Shepherd UK had done more than facilitate and had made the tortious acts its own. The appeal was allowed and Sea...

Citation
[2013] EWCA Civ 544
Parties
Appellant/claimant: Fish & Fish Ltd; Respondent/first Defendant: Sea Shepherd UK; Second Defendant: Sea Shepherd Conservation Society; Third Defendant: Paul Watson
Jurisdiction
England and Wales
Judgment Date
16 May 2013
Procedural Posture
Civil Appeal / Appeal From Preliminary Issue Determination in Admiralty Court
Outcome
Appeal allowed
Legal Topics
Joint Tortfeasance, Common Design, Vicarious Liability, Trespass to Goods, Conversion, Jurisdiction
Tort Law Admiralty Law Joint Tortfeasance Common Design Vicarious Liability Trespass to Goods Conversion Jurisdiction

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Parties

Fish & Fish Ltd

Appellant/claimant

Sea Shepherd UK

Respondent/first Defendant

Sea Shepherd Conservation Society

Second Defendant

Paul Watson

Third Defendant

Procedural Posture

Civil Appeal / Appeal From Preliminary Issue Determination in Admiralty Court

Legal Issues

  1. 1 Whether Sea Shepherd UK is liable as a joint tortfeasor for damage caused to Fish & Fish Ltd's property during 'Operation Blue Rage' under a common design theory.
  2. 2 Whether the acts of Sea Shepherd UK were sufficient to constitute participation in a common design with Sea Shepherd Conservation Society and Paul Watson.
  3. 3 Whether the capacity in which Paul Watson acted implicated Sea Shepherd UK in liability.

Ratio Decidendi

Sea Shepherd UK was found to have participated in a common design with Sea Shepherd Conservation Society and Paul Watson to carry out acts which, in the event, proved tortious, including violent intervention against Fish & Fish Ltd's property. Sea Shepherd UK's acts—processing and remitting campaign donations, supporting campaign logistics, and publicly presenting itself as involved in the campaign—were sufficient to constitute joining in the common design. Mere facilitation is not enough, but the evidence, including the Trustees' Report and campaign activities, showed Sea Shepherd UK had done more than facilitate and had made the tortious acts its own. The appeal was allowed and Sea...

Court Disposition

Appeal allowed

Orders

  • Preliminary issue answered in favour of Fish & Fish Ltd: Sea Shepherd UK is liable as a joint tortfeasor on the basis of common design.