Fisherman’s attempt to relitigate vessel re-classification and capacity loss struck out as abuse of process

The High Court struck out proceedings brought by the plaintiff that challenged the allocation of fishing capacity associated with a vessel, ruling that the case was an abuse of process. The plaintiff sought to contest the lawfulness of the 2003 re-measurement and re-classification of his fishing vessel, which had previously resulted in the removal of the vessel from the over-65 feet category, impacting his fishing entitlements. The court found that the plaintiff had already litigated this issue in prior proceedings, which were dismissed for being out of time, and that no new or exceptional circumstances justified relitigation. The judge held there was no evidence of fraud or continuing breach to permit the claim to proceed, reiterating the importance of finality in litigation and adherence to procedural time limits.