Orsted Hornsea Project Three (UK) Ltd, Re Injunction Hearing

Orsted Hornsea Project Three (UK) Ltd, Re Injunction Hearing

The applicant's statutory and licensed rights to conduct surveys in a limited area and period outweigh the common law fishing rights, justifying an interim injunction to remove remaining fishing gear and prevent further obstruction, especially given compensation arrangements and public benefit.

Parties
Claimant: Ørsted Hornsea Project Three (UK) Limited; Respondent: David Little; Respondent: Glen Weston; Respondent: John Lake Shellfish Limited; Respondent: Lynn Shellfish Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2021
Procedural Posture
Injunction Application / Interim Injunction Hearing
Outcome
application granted
Legal Topics
Statutory Rights, Common Law Rights, Public Nuisance, Interim Injunctions, Competing Rights, Compensation for Loss, Marine Licensing
Property Law Environmental Law Public Law Tort Law Statutory Rights Common Law Rights Public Nuisance Interim Injunctions +3 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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ørsted Hornsea Project Three (UK) Limited

Claimant

David Little

Respondent

Glen Weston

Respondent

John Lake Shellfish Limited

Respondent

Lynn Shellfish Limited

Respondent

Procedural Posture

Injunction Application / Interim Injunction Hearing

Legal Issues

  1. 1 Whether the applicant is entitled to an interim injunction to remove fishing gear and prevent further obstruction in the survey area.
  2. 2 Whether the applicant's statutory and licensed rights take precedence over the common law fishing rights of local fishermen.
  3. 3 Whether the conduct of local fishermen amounts to a nuisance or unlawful interference with the applicant's rights.

Ratio Decidendi

The applicant's statutory and licensed rights to conduct surveys in a limited area and period outweigh the common law fishing rights, justifying an interim injunction to remove remaining fishing gear and prevent further obstruction, especially given compensation arrangements and public benefit.

Court Disposition

application granted

Orders

  • Interim injunction granted to enable applicant to remove remaining fishing gear in the survey area if not voluntarily removed.
  • Injunction granted preventing placement of further fishing gear in the survey area during survey period.