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Trawler allegedly caused €800,000 damage to Virgin Media's undersea cable

The owners of the 'Lida Suzanna', which allegedly damaged an undersea fibre optics cable, stretching 219 kilometersm between Dublin at Lytham St. Anne's near Blackpool, and providing internet and telephone connection between Ireland and Britain on Jan 26, 2015, were being sued in the High Court over the €800,000 cost of repairs by the Virgin Media Wholesale Ltd. The vessel was allegedly involved in scallop fishing which involves dredging the seabed. Virgin, which has registered offices in Hampshire, is seeking damages and a declaration that a maritime lien. It also seeks an order for its sale if necessary. The defendants deny the vessel was responsible for causing damage to the cable and requires proof of this. It is also contended that Virgin is the author of its own misfortune by not taking sufficient measures to bury or protect its cables. Alternatively, it claims Virgin was contributorily negligent. There was also an alleged failure to protect its cables in an area of fishing ground established centuries past. The defendants said they were doing nothing more than the lawful exploitation of fishing rights and Virgin has no entitlement to expect or demand that fishing be modified, or stopped by reason of the laying of its cable. The cable was installed in 1998 by Virgin's predecessor NTL. It is one of two cables, the Sirius South and the Sirius North, running between Ireland and Britain and if one is damaged, Virgin can switch to the other. There have been 18 instances of damage involving trawlers since it was installed. Opening the case on behalf of Virgin on June 4, 2024, Edward Farrelly SC said it was their case that the defendants should have been or ought to have been aware of the location of the cable which is marked on industry-recognised charts and Ireland's Marine Atlas. Merchant shipping regulations place a statutory duty on the vessel to carry publications which would have alerted it to the location of the cable. It is further alleged there was a failure to ensure the skipper and/or crew were adequately aware of and/or educated about the location of subsea cables. The case continues before Mr Justice Denis McDonald.