Fishermen win Supreme Court appeal over Northern Irish boats given access to mussel seed fishing zones
Four men – Paul Barlow, Michael Crowley, Gerard Kelly and Alex McCarthy – brought a civil case against the State, the Minister for Communications, Marine and Natural Resources and the Registrar General of Fishing Boards, arguing the State owed them a duty of care in granting mussel seed fishing access to Northern Ireland-registered vessels under a 1965 cross-border agreement. The men had invested around €14.25 million in four vessels and equipment between 2002 and 2004. After the 2016 Supreme Court found the access unlawful, the High Court rejected all claims in 2019 and the Court of Appeal dismissed the appeal in 2022. In April 2025 the Supreme Court, in a unanimous judgment by Mr Justice Brian Murray, allowed the appeal and remitted the case to the High Court for further determination on duty of care, disclaimer of liability and negligence.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court11 Apr
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Four fishermen brought a civil case against the State, the Minister for Communications, Marine and Natural Resources and the Registrar General of Fishing Boards over access to mussel seed fishing zones.
- Where
- The case was heard in Dublin; the plaintiffs are based in Co Waterford, Co Wexford, Co Donegal and Co Limerick.
- When
- The plaintiffs invested in vessels between 2002 and 2004; the case progressed through the courts from 2016 to April 2025.
- Cause
- Northern Ireland-registered vessels had access to Irish mussel seed waters under a 1965 cross-border co-operation deal called the Voisinage Agreement.
- Other details
- The plaintiffs claimed the Northern Irish vessels entirely collapsed the size of the mussel seed catch.
- The four plaintiffs invested around €14.25 million in total in four vessels and equipment; one vessel cost €3.45 million.
- Charges
- The civil claims were for breach of statutory duty and negligence.
- In court
- In 2016 the Supreme Court found Northern Ireland-registered boats had been unlawfully allowed to harvest mussel seed in Irish waters and that the grant of permission was contrary to Article 10 of the Constitution.
- In 2019 the High Court, with Mr Justice Charles Meenan, rejected all claims by the fishermen, saying the law prevented any remedy being provided.
- In 2022 the Court of Appeal dismissed the fishermen's appeal.
- In April 2025 the Supreme Court, in a unanimous judgment delivered by Mr Justice Brian Murray, allowed the appeal and remitted the case to the High Court for further determination on duty of care, disclaimer of liability and negligence.
17 statements extracted from the articles
- whatOne vessel in the case cost €3.45 million. (irishtimes.com)
- courtThe Supreme Court allowed the appeal by the fishermen. (irishtimes.com)
- courtThe case was brought against the Minister for Communications, Marine and Natural Resources, the Registrar General of Fishing Boards and the State. (irishtimes.com)
- courtIn 2016 the Supreme Court found Northern Ireland-registered boats had been unlawfully allowed to harvest seed in Irish waters. (irishtimes.com)
- courtThe 2016 Supreme Court held the grant of permission to Northern Ireland vessels was contrary to Article 10 of the Constitution. (irishtimes.com)
- courtThe fishermen lost their High Court damages claim after a full trial. (irishtimes.com)
- courtThe Court of Appeal dismissed the fishermen's appeal in 2022. (irishtimes.com)
- courtThe Supreme Court remitted the matter to the High Court for further determination on several issues. (irishtimes.com)
- courtThe original High Court proceedings in 2019 rejected all claims by the fishermen. (irishtimes.com)
- courtMr Justice Charles Meenan said the law prevented any remedy being provided to the fishermen. (irishtimes.com)
- courtThe 2016 Supreme Court found harvesting mussel seed constituted exploitation of a natural resource belonging to the State. (irishtimes.com)
- courtThe judgment was delivered by Mr Justice Brian Murray in a unanimous decision. (irishtimes.com)
- otherThe case was brought by Paul Barlow of Woodstown Bay Shellfish, Dunmore East, Co Waterford. (irishtimes.com)
- otherThe case was also brought by Michael Crowley of Riverbank Mussels, Killinick, Co Wexford. (irishtimes.com)
- otherThe case was also brought by Gerard Kelly of Fresco Seafoods and Tardrum Fisheries, Greencastle, Co Donegal. (irishtimes.com)
- otherThe case was also brought by Alex McCarthy of Halcome Merchants, Kildimo, Co Limerick. (irishtimes.com)
- otherNorthern mussel vessels had enjoyed access under a 1965 cross-Border co-operation deal called the Voisinage Agreement. (irishtimes.com)
The reporting
newest first- 11 Apr2025Fishermen win Supreme Court appeal over Northern Irish boats given access to mussel seed fishing zones
Supreme Court allowed the appeal in a unanimous judgment and remitted the case to the High Court for further determination on whether the State owed a duty of care, whether there was an effective disclaimer of liability, and whether the defendants acted negligently in allocating fishing access.
victim, Paul Barlow, male, irish (judged from name)Paul Barlowvictim, Michael Crowley, male, irish (judged from name)Michael Crowleyvictim, Gerard Kelly, male, irish (judged from name)Gerard Kellyvictim, Alex McCarthy, male, irish (judged from name)Alex McCarthy