Claim by owners of mussel fishing vessels remitted to High Court to assess question of pure economic loss

The Supreme Court has allowed an appeal from the Court of Appeal, and remitted to the High Court the question of what damages were payable to owners of mussel fishing vessels for losses arising from the management of mussel fisheries by the State. The Court, in a 196-page judgment, attempted to provide clarity on the circumstances under which public authorities may be held liable in negligence for causing pure economic loss. The Court outlined that a duty of care may arise from an assumption of responsibility by the authority towards a plaintiff, provided that the duty aligns with statutory obligations and does not inhibit the exercise of statutory powers. The standard of care for decisions involving statutory discretion equates to reasonableness in administrative law.