The High Court is hearing a lawsuit against the owners of an angling vessel, suspected to have caused damage to an underwater fibre-optics cable which powers internet and phone links between the UK and Ireland. The repair costs are estimated to be €800,000.
Virgin Media Wholesale Ltd has raised the legal action against “the owners and anyone asserting a stake” in the trawler, MV The Lida Suzanna. The supposed occurrence which saw damage to the subsea cable (extending 219km from Dublin to Lytham St Anne’s near Blackpool, England) happened on January 26th, 2015. The vessel was believed to be engaged in scallop fishing, a method implicating seabed dredging.
Virgin, headquartered in Hampshire, is asking for compensation, along with an affirmation that they have a maritime lien or lawsuit linked to the vessel registered in Ireland and anchored in Wexford. Also requested is permission for selling the vessel if required.
The defendants refute allegations of their vessel being at fault for the cable damage and are asking for compelling evidence. They argue that Virgin is responsible for its own adversity by not taking appropriate steps to bury or shield its cables. They alternatively allege that Virgin was partly to blame.
The defendants also claim there was an apparent neglect to safeguard cables in a “fishing territory recognised for centuries”. They state that they were merely utilising legitimate fishing entitlements, and Virgin should not assume or insist that fishing be adjusted or suspended due to the cable.
The court learnt that Virgin’s predecessor NTL installed the undersea cable in 1998.
This is one of the two cables, the Sirius South and the Sirius North, stretching between Britain and Ireland. If one cable is damaged, Virgin can utilise the other. Since installation, fishing boats have caused damage about 18 times.
Repairs were actioned over subsequent days by the repair vessel, the Pierre de Fermat.
At a hearing which commenced on Tuesday, Virgin’s representative, Edward Farrelly SC, stated their argument centres around the notion that the defendants should have known the whereabouts of the cable, as it is clearly labelled on both industry-standard maps and the Marine Atlas of Ireland.
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The law requires ships to have material onboard that would have flagged up the cable’s position, as per the merchant shipping regulations, the barrister noted.
Allegations have also been made that there was a lack of suitable training for the captain and/or crew members regarding the presence and exact location of undersea cables.
The trial is still ongoing under the purview of Mr Justice Denis McDonald.