Elements of accessory liability (joint liability) in tort, discussed

Supreme Court of United Kingdom: The appeal before the Court relates to accessory liability (joint liability) in tort. The Court discussed in detail the test of liability and stated that the defendant will be jointly liable for the tortious acts of the principal if defendant (i) assists or furthers in the commission of the tort, (ii) acts in pursuance of a common design and (iii) such assistance must be substantial rather than minimal. The Court allowed the appeal with 3:2 majority and by a leading judgment Lord Toulson held that the conduct element of accessory liability was not established in the instant case.

As per the facts, respondent operates a fish farm in Malta and was transporting tuna in fish cages when its vessel was attacked by a ship, named the “Steve Irwin”. One of the fish cages was rammed and divers from the “Steve Irwin” forced it open and released the fish. This incident was carried out by the Sea Shepherd Conversation Society (“SSCS”) as part of a campaign, called “Operation Blue Rage”, to intercept and oppose the overfishing of Bluefin tuna in the Mediterranean. The appellant Sea Shepherd UK (“SSUK”) is an English company and a subsidiary of SSCS which is a US based conservation charity with the purpose of conserving and protecting species and ecosystems. The appellant is therefore the anchor defendant to have the jurisdiction in the present matter for the purpose of English Court.

The preliminary issue to be adjudged was whether the incident was directed or authorised or carried out by the appellant, its servants or agents, and whether the appellant was liable, directly or vicariously, for any damage sustained by the claimant. Sea Shepherd UK v. Fish & Fish Limited , decided on 04-03-2015