Court gives green light for judicial review over failure of trust port to hold seven consecutive elections

Fisherman William Shiel has been granted a judicial review of a trust port’s failure to hold seven consecutive elections to commissioner posts.

Barristers chambers Francis Taylor Building (FTB) said HHJ Siobhan Kelly granted permission for review of the North Sunderland Harbour Commissioners’ failure to hold any election since 2000 for three ‘fishermen’s commissioners’. These should have been held every three years since.

FTB said the North Sunderland Harbour Order 1931 incorporated and constituted North Sunderland Harbour Commissioners as the body responsible for the management and maintenance of the harbour, which is better known as Seahouses Harbour.

Six commissioners are appointed by outside bodies but three are supposed to be elected every three years by registered fishermen. 

In October 2022 Mr Shiel brought a claim for judicial review against the appointing bodies for failures to make appointments, and against the commissioners over the failures to hold elections. The claims against the appointing bodies were later settled. 

The commissioners argued Mr Shiel’s claim was not brought within time and that they had no power to hold a further election until October 2024.

FTB said Mr Shiel’s case was that the commissioners’ failure to hold the required election was a continuing breach of duty, meaning that questions of delay did not arise.

He also told the court he had experienced difficulty in obtaining information as to how the commissioners were constituted, and it had taken nearly two years to discover who the Commissioners were.

HHJ Kelly also ordered that, if necessary, Mr Shiel should have an extension of time to bring his application for an order that an election be held as soon as practicable.

North Sunderland Harbour authorities have been contacted for comment.

Mark Smulian