The Legal 500

The sea fisheries and marine environment unit at Hull-based law firm Andrew Jackson is delighted to announce that the Court of Appeal has upheld a High Court ruling in favour of its clients, the North Western and North Wales Sea Fisheries Committee and various mussel farming businesses, which marks a further victory over the rights to the Menai Strait seabed which is used by local mussel farms in Anglesey, North Wales.

The dispute began in 1998 when the local authority, Ynys Mon County Council and the Crown Estates Commissioners, which own the seabed, granted planning permission for a local developer to build a marina on the land.   Local mussel farming businesses have always opposed the plans, as they believed the marina would have damaged their multi-million pound industry, since the mussel beds have been cultivated by the mussel farmers for over 40 years. In March 2008 the case went to the High Court where barristers from the Council and the Crown Estates tried to establish that, as owners, they should get the right to decide what developments were permitted on the seabed of the Strait. They also began proceedings for a declaration that the 1962 Menai Strait Oyster and Mussel Fishery Order – which by law designates the area as a private right of fishery - was unlawful. Andrew Oliver, a partner and head of sea fisheries and marine environment law at Andrew Jackson, led the legal team which argued that, under the 1962 Order, the area of land was authorised as a fishery. Mr Justice Davis upheld their argument and ruled against the order being quashed.

The Council and Crown Estates appealed against the decision of the High Court and the case went before Lord Justices Carnwath, Pill and Lawrence Collins in the Court of Appeal in November 2008, all of whom unanimously endorsed the original verdict and rejected the appeal. Speaking after the verdict was announced at the Royal Courts of Justice in London, Andrew Oliver said: "This is a further tremendous victory and another huge relief for our clients.  Many mussel farming businesses were worried about their livelihoods and the future security of their industry. “This judgement will not only preserve the very lucrative Menai mussel fishery but will safeguard numerous other fisheries around the UK, as, had the 1962 Order been ruled unlawful, this may have had a detrimental effect on similar legislation.” 

Press enquiries to:Andrew Oliver, partner, Andrew JacksonTel: 01482 325242 Sarah Amies, pr consultant for Andrew Jackson                 Tel: 01484 687040 / 07811 133973 Notes to editors:

• The Menai Strait mussel fishery is the single largest mussel producing area in the UK, producing up to 13,000 tonnes of mussels each year.
• The sea fisheries and marine environment unit forms part of Andrew Jackson’s nationally regarded shipping and transport department, which has built a reputation as the largest and most experienced teams outside London.  For more details, please visit www.andrewjackson.co.uk 
• The Andrew Jackson legal team, led by Andrew Oliver, was supported by leading counsel Guy Fetherstonhaugh QC of Falcon Chambers, London, and junior counsel James Segan of Blackstone Chambers, London.
• Andrew Jackson is an official partner of the World Trade Centre Hull and Humber.

For more information please visit www.andrewjackson.co.uk