Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2019] EWHC 2272 (Ch) (24 July 2019)

Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2019] EWHC 2272 (Ch) (24 July 2019)

The fish in the commercial fishery, though introduced and maintained by the claimant, remained wild animals (ferae naturae) and were not subject to absolute ownership. Any qualified property per industriam or ratione soli passed to the defendant with the sale of the land. The solar panels, being affixed to the land by concrete and forming part of the property, were fixtures and thus also passed to the defendant upon sale. The claimant retained no proprietary interest in either the fish or the solar panels after the sale, and the claim in conversion fails.

Citation
[2019] EWHC 2272 (Ch)
Parties
Claimant: Borwick Development Solutions Ltd; Defendant: Clear Water Fisheries Ltd
Jurisdiction
England and Wales
Judgment Date
24 July 2019
Procedural Posture
Tort (conversion) / Trial Judgment on Liability Only
Outcome
Claim dismissed
Legal Topics
Conversion, Ownership of Animals, Fixtures and Chattels, Qualified Property, Commercial Fisheries
Property Law Tort Law Commercial Law Conversion Ownership of Animals Fixtures and Chattels Qualified Property Commercial Fisheries

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Parties

Borwick Development Solutions Ltd

Claimant

Clear Water Fisheries Ltd

Defendant

Procedural Posture

Tort (conversion) / Trial Judgment on Liability Only

Legal Issues

  1. 1 Whether title to fish in commercial fishery passed to the defendant with the sale of land or remained with the claimant
  2. 2 Whether solar panels attached to the land are fixtures passing with the land or remain chattels owned by the claimant

Ratio Decidendi

The fish in the commercial fishery, though introduced and maintained by the claimant, remained wild animals (ferae naturae) and were not subject to absolute ownership. Any qualified property per industriam or ratione soli passed to the defendant with the sale of the land. The solar panels, being affixed to the land by concrete and forming part of the property, were fixtures and thus also passed to the defendant upon sale. The claimant retained no proprietary interest in either the fish or the solar panels after the sale, and the claim in conversion fails.

Court Disposition

Claim dismissed

Orders

  • Claimant's claim in conversion in respect of both fish and solar panels is dismissed.