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Court of Appeal dismisses appeal from High Court, and affirms order dismissing claim by fisherman against decisions of the Minister for Agriculture in 2003 to re-classify his boat in a manner that prevented him from obtaining a licence to fish for herring and mackerel, on the grounds that: (a) although the challenge was brought by plenary summons, the case was in the nature of judicial review and the appropriate time limits applied; and (b) the fisherman had failed to establish grounds for an extension of time in his case.
Edwards J (nem diss): Appeal from dismissal of claim in High Court - claim by sea fisherman and boat owner - EU regulations for sea fishing vessels - Council Regulation (EEC) No 2930/86 - registration of boat - Fisheries (Amendment) Act 2003 - tonnage - Merchant Shipping (Tonnage) Regulations 1967 (SI No 23 of 1967) - measurement of tonnage - requirement to be re-measured for tonnage following new EU legislation by 1994 - new deadline of 2004 - new definition of length - inapplicable for herring and mackerel fishery - whether re-measurement of length was required under new regulations - representations to Minister - plenary summons issued in 2012 - statement of claim filed in 2015 - claim for declaration that plaintiff's boat was entitled to licence for mackerel and herring - trial of preliminary issues - whether time barred - delay - whether plaintiff entitled to challenge legitimacy of powers - failure to reply to grounding affidavit - trial of preliminary issues ordered in High Court - challenge in nature of judicial review - time limits.
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