Bates & anor -v- Minister for Agriculture, Fisheries & Food & ors [2018] IESC 5 (07 February 2018)

Bates & anor -v- Minister for Agriculture, Fisheries & Food & ors [2018] IESC 5 (07 February 2018)

The Department owed a duty of care in giving specific advice to the plaintiffs in a situation of imminent arrest, creating a special relationship; negligent misinformation directly caused economic loss, justifying damages. Liability does not extend to general administrative functions or licence issuance.

Citation
[2018] IESC 5
Parties
Plaintiff/respondent: Eugene Bates; Plaintiff/respondent: Brendan Moore; Defendant/appellant: Minister for Agriculture, Fisheries & Food; Defendant/appellant: Ireland; Defendant/appellant: Attorney General
Jurisdiction
Ireland
Judgment Date
07 February 2018
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligent Advice, Economic Loss, Duty of Care, Public Authority Liability, Fishing Regulation, Misfeasance in Public Office
Tort Law Administrative Law European Union Law Negligent Advice Economic Loss Duty of Care Public Authority Liability Fishing Regulation +1 more

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Parties

Eugene Bates

Plaintiff/respondent

Brendan Moore

Plaintiff/respondent

Minister for Agriculture, Fisheries & Food

Defendant/appellant

Ireland

Defendant/appellant

Attorney General

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Liability of State for economic loss due to negligent advice
  2. 2 Duty of care owed by public authorities
  3. 3 Scope of liability for negligent misinformation

Ratio Decidendi

The Department owed a duty of care in giving specific advice to the plaintiffs in a situation of imminent arrest, creating a special relationship; negligent misinformation directly caused economic loss, justifying damages. Liability does not extend to general administrative functions or licence issuance.

Court Disposition

Appeal dismissed

Orders

  • Supreme Court upholds High Court judgment awarding damages for economic loss caused by negligent advice
  • Calculation of damages remains undisturbed