Loose v Lynn Shellfish Ltd & Ors [2013] EWHC 901 (Ch) (18 April 2013)

Loose v Lynn Shellfish Ltd & Ors [2013] EWHC 901 (Ch) (18 April 2013)

The private fishery extends to all land, including sandbanks, that has become accessible on foot at low water by gradual accretion, and the seaward boundary is determined by the lowest astronomical tide (LAT). The doctrine of accretion applies to such changes, and prescriptive rights extend to accreted land. The defendants' fishing within this area constituted trespass.

Citation
[2013] EWHC 901 (Ch)
Parties
Claimant: John Henry Loose; Defendant/part 20 Claimant: Lynn Shellfish Ltd; Defendant/part 20 Claimant: John Williamson; Defendant/part 20 Claimant: Stephen Williamson; Defendant/part 20 Claimant: Martin Garnett; Defendant/part 20 Claimant: Jason Leman; Defendant/part 20 Claimant: Eric Oughton; Part 20 Defendant: Michael George Le Strange Meakin
Jurisdiction
England and Wales
Judgment Date
18 April 2013
Procedural Posture
Civil / High Court Trial Judgment
Outcome
Claim allowed in part; declaration as to the extent of the private fishery granted; damages to be assessed; counterclaim dismissed.
Legal Topics
Private Fishery Rights, Doctrine of Accretion, Prescription, Foreshore Boundaries, Trespass, Damages, Regulating Fisheries, Seaward Boundary Determination
Property Law Fisheries Law Environmental Law Private Fishery Rights Doctrine of Accretion Prescription Foreshore Boundaries Trespass +3 more

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Parties

John Henry Loose

Claimant

Lynn Shellfish Ltd

Defendant/part 20 Claimant

John Williamson

Defendant/part 20 Claimant

Stephen Williamson

Defendant/part 20 Claimant

Martin Garnett

Defendant/part 20 Claimant

Jason Leman

Defendant/part 20 Claimant

Eric Oughton

Defendant/part 20 Claimant

Michael George Le Strange Meakin

Part 20 Defendant

Procedural Posture

Civil / High Court Trial Judgment

Legal Issues

  1. 1 What is the physical (seaward) extent of the private fishery?
  2. 2 Did the defendants trespass upon the fishery between July and September 2007?
  3. 3 What is the extent of damage suffered by the claimant if trespass occurred?

Ratio Decidendi

The private fishery extends to all land, including sandbanks, that has become accessible on foot at low water by gradual accretion, and the seaward boundary is determined by the lowest astronomical tide (LAT). The doctrine of accretion applies to such changes, and prescriptive rights extend to accreted land. The defendants' fishing within this area constituted trespass.

Court Disposition

Claim allowed in part; declaration as to the extent of the private fishery granted; damages to be assessed; counterclaim dismissed.

Orders

  • Declaration that the private fishery extends to the lowest astronomical tide (LAT), including accreted sandbanks.
  • Defendants found to have trespassed within the private fishery area.