Crown Estate Commissioners v Fairlie Yacht Slip Ltd [1978] ScotCS CSIH_3 (10 November 1978)

Crown Estate Commissioners v Fairlie Yacht Slip Ltd [1978] ScotCS CSIH_3 (10 November 1978)

The public right of navigation does not include the right to lay or maintain fixed moorings on the sea-bed without the consent of the Crown, as such moorings are not a necessary incident of navigation but rather a convenience or facility for vessels between voyages. The Crown, as proprietor, retains the exclusive right to permit such use, subject to public rights of navigation and fishing.

Citation
[1978] ScotCS CSIH_3
Parties
Pursuer: Crown Estate Commissioners; Defender: Fairlie Yacht Slip Ltd
Jurisdiction
Scotland
Judgment Date
10 November 1978
Procedural Posture
Civil / Appellate (reclaiming Motion Before Inner House, Court of Session)
Outcome
Defenders' pleas repelled; pursuers' pleas sustained quoad ultra; decree granted in terms of the second and third conclusions (declarator and interdict) of the summons.
Legal Topics
Public Right of Navigation, Crown Property in Sea Bed, Moorings, Incidents of Navigation, Interdict, Declarator
Property Law Public Rights Maritime Law Public Right of Navigation Crown Property in Sea Bed Moorings Incidents of Navigation Interdict +1 more

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Parties

Crown Estate Commissioners

Pursuer

Fairlie Yacht Slip Ltd

Defender

Procedural Posture

Civil / Appellate (reclaiming Motion Before Inner House, Court of Session)

Legal Issues

  1. 1 Does the public right of navigation include the right to lay and maintain fixed moorings on the sea-bed within territorial waters without the consent of the Crown?
  2. 2 What is the nature and extent of the Crown's proprietary rights in the sea-bed?
  3. 3 Are fixed moorings a necessary incident of the public right of navigation?

Ratio Decidendi

The public right of navigation does not include the right to lay or maintain fixed moorings on the sea-bed without the consent of the Crown, as such moorings are not a necessary incident of navigation but rather a convenience or facility for vessels between voyages. The Crown, as proprietor, retains the exclusive right to permit such use, subject to public rights of navigation and fishing.

Court Disposition

Defenders' pleas repelled; pursuers' pleas sustained quoad ultra; decree granted in terms of the second and third conclusions (declarator and interdict) of the summons.

Orders

  • Declarator that the pursuers have the sole and exclusive right to permit the laying of fixed moorings on any part of the said sea-bed.
  • Interdict against the defenders from laying or maintaining fixed moorings on the sea-bed without the pursuers' consent.