Fish & Fish Ltd v Sea Shepherd UK & Ors

The court found that SSUK joined in a common design with SSCS and Paul Watson to carry out acts which proved tortious, including violent intervention against property. SSUK did acts in furtherance of the common design, such as processing campaign funds and supporting logistics, making it liable as a joint tortfeasor.

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 Trial of Preliminary Issue
Outcome: appeal allowed
Legal Topics: Joint Tortfeasors, Common Design, Capacity, Trespass, Conversion

Tort Law Civil Procedure Joint Tortfeasors Common Design Capacity Trespass Conversion

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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 Trial of Preliminary Issue

Legal Issues

1 Whether Sea Shepherd UK is liable as a joint tortfeasor for the attack on Fish & Fish Ltd's property
2 Whether there was a common design between Sea Shepherd UK, Sea Shepherd Conservation Society, and Paul Watson to commit the tortious acts
3 Whether Mr Watson acted on behalf of Sea Shepherd UK during the incident

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Preliminary issue answered in favour of appellant: SSUK liable on common design basis of joint responsibility