Lynn Shellfish Ltd and others v Loose and another

Lynn Shellfish Ltd and others v Loose and another

The seaward boundary of the Estate’s exclusive prescriptive right to take shellfish is the lowest astronomical tide as it fluctuates over time. The right does not automatically extend to sandbanks that became attached to the foreshore after the right was established, unless there is evidence of prescriptive use over...

Source-derived case information.

Parties
Appellant: Lynn Shellfish Ltd and others; Respondent: John Henry Loose; Respondent: Michael George le Strange Meakin; Intervener: Crown Estate Commissioners
Jurisdiction
England and Wales
Judgment Date
13 April 2016
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal allowed in part, dismissed in part
Legal Topics
Prescriptive Rights, Exclusive Fishery, Foreshore Boundaries, Accretion, Public Rights, Doctrine of Lost Modern Grant
Property Law Fisheries Law Public Law Prescriptive Rights Exclusive Fishery Foreshore Boundaries Accretion Public Rights +1 more

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Parties

Lynn Shellfish Ltd and others

Appellant

John Henry Loose

Respondent

Michael George le Strange Meakin

Respondent

Crown Estate Commissioners

Intervener

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 What is the correct seaward boundary of the Estate’s exclusive prescriptive right to take shellfish?
  2. 2 Does the Estate’s prescriptive right extend to sandbanks that became attached to the foreshore after the right was established?
  3. 3 Does the doctrine of accretion apply to incorporate such sandbanks into the area of the exclusive right?

Ratio Decidendi

The seaward boundary of the Estate’s exclusive prescriptive right to take shellfish is the lowest astronomical tide as it fluctuates over time. The right does not automatically extend to sandbanks that became attached to the foreshore after the right was established, unless there is evidence of prescriptive use over those sandbanks. The doctrine of accretion does not apply to incorporate such sandbanks, as their attachment is a sudden and recognisable change, not a gradual and imperceptible one.

Court Disposition

appeal allowed in part, dismissed in part

Orders

  • The appeal is dismissed as to the seaward boundary, which is the lowest astronomical tide.
  • The appeal is allowed as to the previously unattached sandbanks, which are not included in the exclusive right unless prescriptive use is shown.