Insights / News

OTC barristers appear in important fisheries case in the Falkland Islands

Oliver Powell instructed by Pinsent Masons, appeared for Golden Touza Ltd (‘the Operator’) and Paul Rogers instructed by Berbés Abogados, appeared for Alberto Vazquez Seijo (‘the Master’).

Following a catch verification in Stanley in May 2017, it became apparent that the Master of the FV Hermanos Touza had furnished a return, namely a FISHEND report, that was inaccurate. It was alleged that the Master was reckless as to whether the return contained a statement that was false or misleading in a material respect, namely by stating in the return that the vessel held 82,198 kilograms of Loligo squid, when in fact the vessel held 147,108 kilograms of Loligo squid, a variance of 79%.

The case involved a number of points of law and the Court heard expert evidence on transhipment from Roger King, TMC Marine.

The Falkland Islands is one of the most lucrative fisheries in the world. The case generated a considerable amount of interest both in the Falkland Islands and in Europe.

Following a contested trial, both the Master of the vessel and the Operator of the vessel were acquitted.

Outer Temple Chambers continues to show its strength in maritime regulatory work, with members providing an authoritative specialism in marine & fisheries law.

Should you require further information about Oliver or Paul, or if you would like to instruct either of them, please contact Dave Scothern, Business Development Director.

News 19 Feb, 2018

Authors

Paul Rogers

Call: 1989

Oliver Powell

Call: 2006 (England & Wales); 2010 (Eastern Caribbean Supreme Court (BVI))

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