Orsted Hornsea Project Three (UK) Ltd, Re Injunction Hearing [2021] EWHC 977 (QB) (19 April 2021)

Orsted Hornsea Project Three (UK) Ltd, Re Injunction Hearing [2021] EWHC 977 (QB) (19 April 2021)

The applicant's statutory and proprietary rights to conduct surveys in the designated area, supported by statutory authority, Crown permission, and licensing, outweigh the common law fishing rights of local fishermen. The interference by fishing gear constitutes an arguable nuisance, and the balance of convenience, adequacy of damages, and compensation arrangements favour granting the interim injunction.

Citation
[2021] EWHC 977 (QB)
Parties
Claimant: Ørsted Hornsea Project Three (UK) Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2021
Procedural Posture
Injunction Application / Interim Injunction Hearing
Outcome
application granted
Legal Topics
Offshore Wind Farm Development, Public Rights of Fishery, Statutory Authority, Nuisance, Interim Injunctions, Competing Rights, Compensation for Loss of Livelihood
Environmental Law Property Law Public Law Tort Law Offshore Wind Farm Development Public Rights of Fishery Statutory Authority Nuisance +3 more

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Parties

Ørsted Hornsea Project Three (UK) Limited

Claimant

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 proprietary rights take precedence over common law fishing rights
  3. 3 Whether the conduct of fishermen constitutes a tort (nuisance) justifying injunctive relief

Ratio Decidendi

The applicant's statutory and proprietary rights to conduct surveys in the designated area, supported by statutory authority, Crown permission, and licensing, outweigh the common law fishing rights of local fishermen. The interference by fishing gear constitutes an arguable nuisance, and the balance of convenience, adequacy of damages, and compensation arrangements favour granting the interim injunction.

Court Disposition

application granted

Orders

  • Interim injunction granted enabling applicant to remove fishing gear and prevent further obstruction in survey area.
  • Order to be submitted by applicants for approval.