Fish & Fish Ltd v Sea Shepherd UK & Anor

Fish & Fish Ltd v Sea Shepherd UK & Anor

SSUK was not liable for the alleged torts because it did not have possession or control of the vessel, did not direct or authorise the campaign or incident, and its involvement was limited to minor, non-operational support. The acts of Watson and the crew were on behalf of SSCS, not SSUK. SSUK's actions were not sufficient to make the infringing act its own, and it was not a joint tortfeasor.

Parties
Claimant: Fish & Fish Limited; First Defendant: Sea Shepherd UK; Second Defendant: Sea Shepherd Conservation Society; Third Defendant: Paul Watson
Jurisdiction
England and Wales
Judgment Date
25 June 2012
Procedural Posture
Civil Admiralty / Trial of Preliminary Issues
Outcome
Preliminary issue answered in the negative; SSUK not liable for the alleged torts.
Legal Topics
Trespass, Conversion, Joint Tortfeasance, Agency, Common Design
Tort Law Admiralty Law Trespass Conversion Joint Tortfeasance Agency Common Design

Case Brief

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Parties

Fish & Fish Limited

Claimant

Sea Shepherd UK

First Defendant

Sea Shepherd Conservation Society

Second Defendant

Paul Watson

Third Defendant

Procedural Posture

Civil Admiralty / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether SSUK is liable, directly or vicariously, for the alleged damage to the tuna fish cage and/or the release of the fish during the incident on 17 June 2010
  2. 2 Whether SSUK was party to a common design with the other defendants to commit the alleged tort

Ratio Decidendi

SSUK was not liable for the alleged torts because it did not have possession or control of the vessel, did not direct or authorise the campaign or incident, and its involvement was limited to minor, non-operational support. The acts of Watson and the crew were on behalf of SSCS, not SSUK. SSUK's actions were not sufficient to make the infringing act its own, and it was not a joint tortfeasor.

Court Disposition

Preliminary issue answered in the negative; SSUK not liable for the alleged torts.