Loose v Lynn Shellfish Ltd & Ors

Loose v Lynn Shellfish Ltd & Ors

The private fishery extends over the foreshore as it exists from time to time, not limited by evidence of actual user or the doctrine of accretion; the seaward boundary is at lowest astronomical tide (LAT), not mean low water (MLW) or extreme low water (ELW).

Parties
Claimant/respondent: John Henry Loose; Defendants/appellants: Lynn Shellfish Limited and Others; Part 20 Defendant/respondent: Michael George Le Strange Meakin
Jurisdiction
England and Wales
Judgment Date
19 June 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Fishermen's appeal dismissed; Mr. Loose's appeal allowed to the extent indicated.
Legal Topics
Private Fishery by Prescription, Doctrine of Accretion, Seaward Boundary Determination, Lost Grant Presumption, Public Right to Fish, Foreshore Definition
Property Law Public Rights Fisheries Law Private Fishery by Prescription Doctrine of Accretion Seaward Boundary Determination Lost Grant Presumption Public Right to Fish +1 more

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Parties

John Henry Loose

Claimant/respondent

Lynn Shellfish Limited and Others

Defendants/appellants

Michael George Le Strange Meakin

Part 20 Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 What is the territorial extent of the private fishery?
  2. 2 Does the doctrine of accretion apply to enlargement of the fishery?
  3. 3 Where is the seaward boundary of the fishery?

Ratio Decidendi

The private fishery extends over the foreshore as it exists from time to time, not limited by evidence of actual user or the doctrine of accretion; the seaward boundary is at lowest astronomical tide (LAT), not mean low water (MLW) or extreme low water (ELW).

Court Disposition

Fishermen's appeal dismissed; Mr. Loose's appeal allowed to the extent indicated.

Orders

  • Private fishery extends to LAT; not limited to MLW.
  • Doctrine of accretion is irrelevant to scope of private fishery.