TEGOS (formerly TGS Baltic) Estonian team achieved an important victory in court, representing Põrgukass OÜ, whose fishing gear was damaged in the Gulf of Riga.
Põrgukass OÜ, which fishes primarily for herring in the Gulf of Riga, uses large dredgers that are in the water seasonally from April to mid-June.
The incident took place when an offshore yacht accidentally drove into the Põrgukass dredger, tearing it and causing the loss of the catch. After the Police and Border Guard had helped to free the yacht from the traps, the skipper of the yacht refused to pay compensation for the damage, which led to a dispute in court.
In court, the captain denied having broken the trap, claiming that his vessel had instead become caught in a piece of netting and that the trap had not been properly marked. An analysis of the evidence became the decisive factor in the trial.
The court upheld Põrgukas’ claim in its entirety and ordered the defendant to pay the costs of repairing the dredger, the costs of assessing the damage, pre-litigation legal fees and compensation for loss of use. TEGOS team concluded senior associate Carel Kivimaa and lawyer Karl Erik Kaljurand.
