Wednesday 7 December 2016

Irish fishing company claims two German firms were negligent in their supervision of the construction of fishing vessel, court hears

Tim Healy

Published 08/07/2015 | 16:42

The application is being heard by Ms Justice Marie Baker.
The application is being heard by Ms Justice Marie Baker.

A WICKLOW fishing company claims two German firms were negligent in their supervision of the construction of a fishing vessel 23 years ago which was later bought by the Irish company.

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As a result of the alleged negligence, the MV Mary Kate suffered from stability problems, it is claimed by Arklow based fishing company CJ Gaffney Ltd which bought the boat in 2007.

The Irish firm is suing German surveyors Germanischer Lloyd SE and vessel construction supervisors Berufsgenossenschaft, of Hamburg.

CJ Gaffney claims the defendants were liable for misrepresentation arising out of the construction of the hull of the vessel in Germany in 1992 and its later fit-out in the Netherlands.

It is claimed that because of the stability issues, the vessel was unsafe.

The defendants are asking the High Court to dismiss the claim on the basis the case should be heard in the country or countries where the alleged harm occurred, Germany or Holland.

Under an EU rule, called Brussels 1 regulation, the defendants claim jurisdiction for the hearing of such claims remains in the country where construction of the vessel took place. 

CJ Gaffney opposes the claim and wants the case heard here.   

The application is being heard by Ms Justice Marie Baker.

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