Atlantic Shellfish refused order on mediation

A company which alleges its oyster fishery business had to close due to the release of untreated, or inadequately treated, sewage into Cork harbour has been refused an order requiring the State and others to address its claims in mediation.

Atlantic Shellfish Ltd and David Hugh Jones, a director, lost their appeal this week against the High Court’s refusal last May to direct Cork County Council, the Minister for the Marine, the State, and Irish Water, to engage in alternative dispute resolution.

Giving the Court of Appeal judgement, Ms Justice Mary Irvine, with whom Mr Justice Peter Kelly and Mr Justice Gerard Hogan agreed, said it was the first case where the appeal court had to identify the relevant principles to be applied when considering whether to refer a dispute for alternative dispute resolution.