Orsted Hornsea Project Three (UK) Ltd, Re Injunction Hearing [2021] EWHC 977 (QB) (19 April 2021)

Orsted Hornsea Project Three (UK) Ltd, Re Injunction Hearing [2021] EWHC 977 (QB) (19 April 2021)

The rights of the claimant, supported by statutory authority, Crown permission, and relevant licences, take precedence over the common law fishing rights of local fishermen in the limited area and period required for the surveys. The claimant has acted reasonably to notify and compensate affected parties. The balance of convenience and likelihood of success at trial favour granting the interim injunction.

Citation
[2021] EWHC 977
Parties
Claimant: Ørsted Hornsea Project Three (UK) Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2021
Procedural Posture
Injunction Application / Interim Relief Hearing
Outcome
Interim injunction granted
Legal Topics
Offshore Wind Farm Development, Interim Injunctions, Competing Statutory and Common Law Rights, Nuisance, Public Fishery Rights, Compensation for Loss of Livelihood
Environmental Law Property Law Public Law Offshore Wind Farm Development Interim Injunctions Competing Statutory and Common Law Rights Nuisance Public Fishery Rights +1 more

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Parties

Ørsted Hornsea Project Three (UK) Limited

Claimant

Procedural Posture

Injunction Application / Interim Relief Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction to remove fishing gear and prevent further obstruction in the survey area for wind farm development
  2. 2 Whether the rights granted to the claimant take precedence over the common law fishing rights of local fishermen
  3. 3 Whether the conduct of the fishermen amounts to a nuisance or unlawful interference

Ratio Decidendi

The rights of the claimant, supported by statutory authority, Crown permission, and relevant licences, take precedence over the common law fishing rights of local fishermen in the limited area and period required for the surveys. The claimant has acted reasonably to notify and compensate affected parties. The balance of convenience and likelihood of success at trial favour granting the interim injunction.

Court Disposition

Interim injunction granted

Orders

  • Order to be submitted by the applicant to enable removal of remaining fishing gear and prevent further obstruction in the survey area during the survey period.