140-year-old law preventing river fishing during spring likely to be scrapped following Government review – Daily Telegraph

‘140-year-old law that prevents river fishing for three months a year could be scrapped following a Government review.’

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Daily Telegraph, 6th March 2018

Source: www.telegraph.co.uk

Supreme Court: Environment Agency must compensate fisherman for ‘disproportionate’ fishing restrictions – OUT-LAW.com

‘The Environment Agency (EA) must compensate a fisherman for the “severe and disproportionate” effect of conditions imposed on his fishing license limiting the number of fish he can catch in one year, the UK Supreme Court has ruled.’

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OUT-LAW.com, 16th February 2018

Source: www.out-law.com

Salmon fisherman Nigel Mott due quota compensation – BBC News

Posted February 15th, 2018 in compensation, fisheries, news, quotas by sally

‘A fisherman who had to limit the number of salmon he was allowed to catch must be compensated, a court has ruled.’

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BBC News, 14th February 2018

Source: www.bbc.co.uk

Another door closes for the Chagossians – UK Human Rights Blog

‘In R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, the Supreme Court last week dismissed the attempt to set aside the House of Lord’s controversial 2008 decision in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61. The challenge was grounded in the disclosure of documents in the parallel proceedings of Bancoult No 3 relating to the reliability of a feasibility study into the long term viability of settlement in Chagos Islands.’

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UK Human Rights Blog, 6th July 2016

Source: www.ukhumanrightsblog.com

Chagos islanders lose supreme court bid to return to homeland – The Guardian

‘Chagos islanders, forcibly removed from their homes in 1971, have lost a legal challenge at the supreme court that could have speeded up their return.’

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The Guardian, 29th June 2016

Source: www.guardian.co.uk

A1P1 and public policy: compensation for not fishing? – UK Human Rights Blog

‘An interesting Court of Appeal decision concerning the science of migratory salmon, and the circumstances in which compensation will be granted when an interference with Article 1 Protocol 1 is found.’

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UK Human Rights Blog, 22nd June 2016

Source: www.ukhumanrightsblog.com

Chetwynd and another v Tunmore and another – WLR Daily

Posted June 17th, 2016 in causation, fisheries, law reports, statutory duty, water by tracey

Chetwynd and another v Tunmore and another: [2016] EWHC 156 (QB)

‘The claimants alleged that the excavation of lakes by the defendants on the defendants’ land, and the abstraction of underground water as a result, had adversely affected the claimants’ fishery, in particular the water levels in the ponds therein. They issued a claim against the defendants, inter alia, under section 48A of the Water Resources Act 1991, seeking damages for the loss of fish from the ponds, the loss of income from the fishery, the costs of remediating the ponds, expenses incurred and for loss of amenity. The defendants denied liability on the basis that, under section 48A, they could only be liable for loss or damage caused by the abstraction which could reasonably have been foreseen by them and that, in any event, the claimants had failed to prove on the balance of probabilities that the defendants’ abstraction of water by the excavation of the lakes was the effective cause of the claimants’ alleged loss or damage.’

WLR Daily, 4th February 2016

Source: www.iclr.co.uk

Loose v Lynn Shell Fish Ltd and others (Le Strange Meakin, Part 20 defendant) (Crown Estate Comrs intervening) – WLR Daily

Posted April 20th, 2016 in Crown, fisheries, law reports, prescription by sally

Loose v Lynn Shell Fish Ltd and others (Le Strange Meakin, Part 20 defendant) (Crown Estate Comrs intervening) [2016] UKSC 14

‘An estate adjoining the foreshore on the east side of the Wash owned a private fishery with an exclusive right to take shellfish over part of the foreshore. In 1970 the estate granted a lease of that exclusive right to the claimant. The claimant brought proceedings against the defendants alleging that they had been fishing for cockles in areas of foreshore which were part of the private fishery of which he was the lessee. The defendants accepted that a private fishery had been established by prescription but disputed its extent. In particular, they contended that it did not extend to large sandbanks which had been detached from the foreshore until the channels separating them had silted up; that such sandbanks were not subject to the doctrine of accretion, properly understood; and that, even if they were, it would not follow that the fishery rights had increased commensurately since that would have required a Crown grant and the power of the Crown to make such a grant had been removed by Magna Carta. The judge, however, held that the terms of the grant presumed as a result of the past prescriptive activities was a grant before 1189 of a fishery extending over the whole of the foreshore as it varied from time to time, and accordingly included the sandbanks; that on that basis, the defendants were liable in damages; and that the most practical of the various alternative lines put forward as the defined seaward boundary of the fishery was the mean low water mark of spring tides, rather than extreme low water as contended for by the claimant. The defendants appealed and the claimant cross-appealed. The Court of Appeal dismissed the defendants’ appeal and held that as conditions changed and more or less of the seabed was exposed at low water, the area of the private fishery would expand or shrink, and held, allowing the claimant’s cross-appeal in part, that the fishery extended in law as far as lowest astronomical tide, which was the lowest point to which the tide fell as a result of normal astronomical forces.’

WLR Daily, 13th April 2016

Source: www.iclr.co.uk

Prince of Wales’ Duchy of Cornwall wins oyster farm scrutiny appeal – BBC News

‘The Prince of Wales’s private estate has won an appeal against a ruling that would have forced it to open up its dealings to greater public scrutiny.’

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BBC News, 4th April 2016

Source: www.bbc.co.uk

Whether charities liable for damage caused by protesters depends on factual connections, says expert – OUT-LAW.com

Posted March 11th, 2015 in charities, criminal damage, fisheries, news, Supreme Court by tracey

‘Companies can find themselves the subject of protests which cause costly damage, but can they sue protesters? The Supreme Court has laid out some of the logic it would use to rule on a claim, though it did not find a charity liable in this case.’

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OUT-LAW.com, 9th March 2015

Source: www.out-law.com

Loose v Lynn Shellfish Ltd and others (Le Strange Meakin, Part 20 defendant) – WLR Daily

Posted June 25th, 2014 in Crown, fisheries, law reports by sally

Loose v Lynn Shellfish Ltd and others (Le Strange Meakin, Part 20 defendant) [2014] EWCA Civ 846; [2014] WLR (D) 280

‘A presumed lost grant from the Crown prior to 1189 of a right of private fishery was to be understood as extending to all such part of the seabed as might from time to time be exposed at low water.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) – WLR Daily

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) [2014] EWCA Civ 708; [2014] WLR (D)  237

‘A leaked diplomatic cable published on the internet by a third party did not violate the archive and documents of the diplomatic mission which sent the cable since it had already been disclosed to the world by a third party. On that narrow ground it was admissible as evidence in court. However, even if the evidence in question had been admitted, it would not have led to a different decision and therefore was not a ground for allowing the appeal.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Chagossians update – UK Human Rights Blog

‘The appeal is against the decision of the Divisional Court in Bancoult v. FCO (read judgment and see my post here). Mr Bancoult had said that the decision to create the MPA was flawed by having an improper purpose (to stymie the Chagossians’ claims for resettlement), by inadequate consultation, and being a breach of an EU obligation to promote the economic and social development of the islands. The Court ruled against all these claims.’

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UK Human Rights Blog, 11th April 2014

Source: www.ukhumanrightsblog.com

Sea fishing, quotas and A1P1: “no-one owns the sea” – UK Human Rights Blog

Posted July 12th, 2013 in EC law, fisheries, human rights, news, quotas by tracey

“The UK Association of Fish Producer Organisations v. Secretary of State for Environment, Food and Rural Affairs, Cranston J, 10 July 2013. Interesting alignment of parties in this challenge to Defra’s new system of allocating fish quota brought by an industry body (UKAFPO), in practice representing the larger fishing fleet – vessels over 10 metres in length – Defra was supported by Greenpeace (how often does that happen?), and by the New Under Ten Fishermen’s Association. And this was because Defra had transferred some fishing quota from the larger to the smaller fishing fleet, namely those under 10 metres in length who fish inshore waters.”

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UK Human Rights Blog, 11th July 2013

Source: www.ukhumanrightsblog.com

Fishing producers lose quota reallocation battle – BBC News

Posted July 10th, 2013 in EC law, fisheries, licensing, news by sally

“The High Court has ruled in favour of reallocating some fishing rights from big producers to small-scale fishermen.”

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BBC News, 10th July 2013

Source: www.bbc.co.uk

The Chagossian Wikileaks cable judgment, fishing rights and a dose of EU law – UK Human Rights Blog

“The Divisional Court has now dismissed the claim by Mr Bancoult on behalf of the Chagossian islanders. He had challenged the designation of the waters around the islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

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UK Human Rights Blog, 11th June 2013

Source: www.ukhumanrightsblog.com

Chagos marine park is lawful, High Court rules – BBC News

“A UK government decision to create a controversial marine park in the Indian Ocean has been upheld by the High Court.”

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BBC News, 11th June 2013

Source: www.bbc.co.uk

Fish & Fish Ltd v Sea Shepherd UK and others – WLR Daily

Fish & Fish Ltd v Sea Shepherd UK and others [2013] EWCA Civ 544; [2013] WLR (D) 181

“In order for a party to be liable as a joint tortfeasor by virtue of doing acts in furtherance of a common design to do acts that were tortious, it was not a requirement that the party’s acts had been an essential part of or of real significance to the commission of the tort.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

Legal battle over who owns the fish in the sea – BBC News

Posted May 2nd, 2013 in fisheries, ministers' powers and duties, news, quotas by sally

“The High Court is being asked to make a judgement over the question of who owns the fish in the sea.”

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BBC News, 1st May 2013

Source: www.bbc.co.uk

Chagossians: Wikileaks cables not admissible in court – UK Human Rights Blog

“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

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UK Human Rights Blog, 28th April 2013

Source: www.ukhumanrightsblog.com