Borwick Development Solutions Ltd v Clear Water Fisheries Ltd

Borwick Development Solutions Ltd v Clear Water Fisheries Ltd

Fish confined within the commercial fishery pools were subject to qualified property per industriam, belonging to the claimant and not passing automatically with the land; claimant can maintain conversion claim for those fish. Solar panels, as fixtures annexed to land for its benefit, passed with the land to the defendant; claimant cannot maintain conversion claim for panels.

Parties
Claimant: Borwick Development Solutions Ltd; Defendant: Clear Water Fisheries Ltd
Jurisdiction
England and Wales
Judgment Date
24 July 2019
Procedural Posture
Civil / Trial Judgment on Liability
Outcome
Claim in conversion succeeds for fish; fails for solar panels.
Legal Topics
Conversion, Fixtures, Qualified Property, Ownership of Animals, Commercial Fisheries
Property Law Tort Law Conversion Fixtures Qualified Property Ownership of Animals Commercial Fisheries

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Parties

Borwick Development Solutions Ltd

Claimant

Clear Water Fisheries Ltd

Defendant

Procedural Posture

Civil / Trial Judgment on Liability

Legal Issues

  1. 1 Whether fish in commercial fishery are property of claimant or pass with land
  2. 2 Whether solar panels are fixtures passing with land or remain claimant's property

Ratio Decidendi

Fish confined within the commercial fishery pools were subject to qualified property per industriam, belonging to the claimant and not passing automatically with the land; claimant can maintain conversion claim for those fish. Solar panels, as fixtures annexed to land for its benefit, passed with the land to the defendant; claimant cannot maintain conversion claim for panels.

Court Disposition

Claim in conversion succeeds for fish; fails for solar panels.

Orders

  • Claimant entitled to relief for conversion of fish confined within pools.
  • Claimant not entitled to relief for conversion of solar panels and associated equipment.