R v Environment Agency

R v Environment Agency

The Agency's licensing conditions, while a legitimate exercise of environmental control, imposed an excessive and disproportionate burden on Mr Mott by eliminating at least 95% of the benefit of his right, without consideration of the individual impact or compensation, thus breaching Article 1 Protocol 1 ECHR.

Parties
Respondent: Mott; Appellant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
14 February 2018
Procedural Posture
Judicial Review / Supreme Court Appeal
Outcome
Appeal dismissed
Legal Topics
Article 1 Protocol 1 ECHR, Compensation for Regulatory Interference, Proportionality, Environmental Regulation, Property Rights
Human Rights Law Environmental Law Administrative Law Article 1 Protocol 1 ECHR Compensation for Regulatory Interference Proportionality Environmental Regulation Property Rights

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Parties

Mott

Respondent

Environment Agency

Appellant

Procedural Posture

Judicial Review / Supreme Court Appeal

Legal Issues

  1. 1 Whether the Environment Agency's licensing conditions restricting salmon fishing constituted an unlawful interference with Mr Mott's property rights under Article 1 Protocol 1 ECHR in the absence of compensation
  2. 2 Whether the restrictions amounted to control of use or de facto expropriation
  3. 3 Whether a fair balance was struck between the public interest and the individual's rights

Ratio Decidendi

The Agency's licensing conditions, while a legitimate exercise of environmental control, imposed an excessive and disproportionate burden on Mr Mott by eliminating at least 95% of the benefit of his right, without consideration of the individual impact or compensation, thus breaching Article 1 Protocol 1 ECHR.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the Agency's decisions imposing catch limits without compensation amounted to unlawful interference with A1P1 rights