Loose v Lynn Shellfish Ltd & Ors [2014] EWCA Civ 846 (19 June 2014)

Loose v Lynn Shellfish Ltd & Ors [2014] EWCA Civ 846 (19 June 2014)

The private fishery extends over the foreshore as it exists from time to time, not limited by the doctrine of accretion or actual user, and its seaward boundary is at Lowest Astronomical Tide (LAT), not merely Mean Low Water Spring (MLWS) or Mean Low Water (MLW).

Citation
[2014] EWCA Civ 846
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 on Appeal From High Court (chancery Division)
Outcome
Fishermen's appeal dismissed; Mr. Loose's cross-appeal allowed to the extent that the seaward boundary is at LAT.
Legal Topics
Private Fishery Rights, Prescription, Doctrine of Accretion, Foreshore Boundaries, Public Right to Fish, Seaward Boundary Determination
Property Law Fisheries Law Public Rights Private Fishery Rights Prescription Doctrine of Accretion Foreshore Boundaries Public Right to Fish +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 What is the territorial extent of the private fishery held by the estate?
  2. 2 Does the doctrine of accretion apply to the enlargement of the fishery area?
  3. 3 Where is the seaward boundary of the private fishery: MLWS, LAT, or ELW?

Ratio Decidendi

The private fishery extends over the foreshore as it exists from time to time, not limited by the doctrine of accretion or actual user, and its seaward boundary is at Lowest Astronomical Tide (LAT), not merely Mean Low Water Spring (MLWS) or Mean Low Water (MLW).

Court Disposition

Fishermen's appeal dismissed; Mr. Loose's cross-appeal allowed to the extent that the seaward boundary is at LAT.

Orders

  • Declaration that the private fishery extends to the area of the foreshore as it exists from time to time, including sandbanks now accessible at low water.
  • Seaward boundary of the fishery is set at Lowest Astronomical Tide (LAT).