The parties disputed the rights to take shellfish from the foreshore. Fishermen now appealed against a finding as to the extent of a private fishery from which they were excluded, in particular as to the rights overfomer sandbanks, at the western, seaward boundary.
Held: The Estate’s rights extended to the lowest astromical tidal mark.
Moore-Bick, Pitchford, Kitchin LJJ
[2014] EWCA Civ 846, [2015] Ch 547, [2015] 2 WLR 643, [2014] WLR(D) 280
Bailii, WLRD
England and Wales
Citing:
Cited – Malcolmson v O’Dea HL 1863
A private fishery may be established by prescription.
Willes J said: ‘The soil of ‘navigable tidal rivers,’ like the Shannon, so far as the tide flows and reflows, is prima facie in the Crown, and the right of fishery prima facie in the . .
Cited – The Attorney General for The Provinces British Columbia v The Attorney General for The Dominion of Canada and Another PC 2-Dec-1913
Canada – Lord Haldane set out the principles under which fishery rights might be acquired by prescription.
Fish stocks are a public resource, and there is no property in fish until they are caught. The right to fish in tidal waters or in the . .
At ChD – Loose v Lynn Shellfish Ltd and Others ChD 18-Apr-2013
The court was asked whether the defendants had infringed the claimant’s fishery rights in an area of the Wash.
Held: The private fishery extended seawards as far as the mean low-water mark of spring tides and the fishermen had been fishing in . .
Cited by:
At CA – Lynn Shellfish Ltd and Others v Loose and Another SC 13-Apr-2016
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of . .
Lists of cited by and citing cases may be incomplete.
Land, Agriculture
Updated: 04 December 2021; Ref: scu.526737