Loose v Lynn Shellfish Ltd & Ors

Loose v Lynn Shellfish Ltd & Ors

The private fishery extends to land, including sandbanks, which by gradual accretion have become accessible on foot at low water from the estate’s coastline. The doctrine of accretion applies, and prescriptive fishery rights extend to such accreted land. The seaward boundary of the fishery is determined by the mean low-water mark of spring tides (MLWS), not the lowest astronomical tide (LAT). The defendants trespassed by fishing for cockles within this area between July and September 2007. Damages are to be assessed based on one third of the catch landed by each defendant’s vessel on the relevant days, valued at the actual market price achieved.

Parties
Claimant: John Henry Loose; Defendant: Lynn Shellfish Ltd; Defendant: John Williamson; Defendant: Stephen Williamson; Defendant: Martin Garnett; Defendant: Jason Leman; Defendant: Eric Oughton; Part 20 Defendant: Michael George Le Strange Meakin
Jurisdiction
England and Wales
Judgment Date
18 April 2013
Procedural Posture
Civil / Judgment After Full Trial
Outcome
Claim allowed in part; damages to be assessed.
Legal Topics
Private Fishery Rights, Doctrine of Accretion, Prescription, Trespass, Damages Assessment, Boundary Determination
Property Law Environmental Law Fisheries Law Private Fishery Rights Doctrine of Accretion Prescription Trespass Damages Assessment +1 more

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Parties

John Henry Loose

Claimant

Lynn Shellfish Ltd

Defendant

John Williamson

Defendant

Stephen Williamson

Defendant

Martin Garnett

Defendant

Jason Leman

Defendant

Eric Oughton

Defendant

Michael George Le Strange Meakin

Part 20 Defendant

Procedural Posture

Civil / Judgment After Full Trial

Legal Issues

  1. 1 What is the physical and seaward extent of the private fishery?
  2. 2 Did the defendants trespass upon the fishery by fishing for cockles within it between July and September 2007?
  3. 3 What is the extent of the damage suffered by the claimant?

Ratio Decidendi

The private fishery extends to land, including sandbanks, which by gradual accretion have become accessible on foot at low water from the estate’s coastline. The doctrine of accretion applies, and prescriptive fishery rights extend to such accreted land. The seaward boundary of the fishery is determined by the mean low-water mark of spring tides (MLWS), not the lowest astronomical tide (LAT). The defendants trespassed by fishing for cockles within this area between July and September 2007. Damages are to be assessed based on one third of the catch landed by each defendant’s vessel on the relevant days, valued at the actual market price achieved.

Court Disposition

Claim allowed in part; damages to be assessed.

Orders

  • Declaration as to the extent of the private fishery to MLWS, including accreted sandbanks.
  • Inquiry to determine the precise value of cockles landed and damages owed by the defendants.