The board, whose function is to investigate all types of marine casualties, opposed the application and denied the claims made against it.
The judge said that the two sides gave very different versions of the events of September 13th, 2020. It said the two kayaks in the smaller group were unable to cope with the waves. The occupants of the kayaks were overturned by a wave and knocked into the sea before being assisted back into their kayaks by instructors and local fishers.
The judge said that Ms Kilbride, who represented herself in her action, gave a different version of events. She said a routine tour organised as part of her business was “interrupted by the sudden and uninvited arrival” of an Irish Coast Guard helicopter, land vehicles, lifeboats and an ambulance.