Defendants say Virgin Media failed to ensure that its cables were protected in a long-established fishing ground
The hearing before Mr Justice Denis McDonald continues
The owners of a fishing trawler which allegedly damaged an undersea fibre optics cable providing internet and telephone connection between Ireland and Britain are being sued in the High Court over the €800,000 cost of repairs.
Virgin Media Wholesale Ltd is suing “the owners and all persons claiming an interest” in the MV The Lida Suzanna trawler over the alleged incident on January 26, 2015, involving damage to the subsea cable stretching 219km between Dublin and Lytham St Anne’s near Blackpool in England.
The vessel was allegedly involved in scallop fishing which involves dredging the seabed.
Virgin, which has registered offices in Hampshire in the UK, is seeking damages and a declaration that a maritime lien, or claim, attaches to the Irish-registered vessel which is based in Wexford. It also seeks an order for its sale if necessary.
The defendants deny the vessel was responsible for causing damage to the cable and require proof of this.
It is also contended that Virgin is the author of its own misfortune by not taking sufficient measures to bury or protect its cables.
Mr Justice Denis McDonald
Alternatively, it claims Virgin was contributorily negligent.
There was also an alleged failure to protect its cables in an “area of fishing ground established centuries past”.
The defendants say they were doing nothing more than the lawful exploitation of fishing rights and Virgin has no entitlement to expect or demand that fishing be modified, or stopped by reason of the laying of its cable.
The court heard the cable was installed in 1998 by Virgin’s predecessor NTL.
It is one of two cables, the Sirius South and the Sirius North, running between Ireland and Britain and if one is damaged, Virgin can switch to the other.
There have been some 18 instances of damage involving trawlers since it was installed.
Repairs were carried out over the following days by the repair ship, the Pierre de Fermat.
Opening the case on behalf of Virgin yesterday, Edward Farrelly SC said it was their case that the defendants should have been or ought to have been aware of the location of the cable which is marked on industry-recognised charts and Ireland’s Marine Atlas.
Merchant shipping regulations place a statutory duty on the vessel to carry publications which would have alerted it to the location of the cable, counsel said.
It is further alleged there was a failure to ensure the skipper and/or crew were adequately aware of and/or educated about the location of subsea cables.
The case continues before Mr Justice Denis McDonald.
