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ARTICLE · 15 AUGUST 2016

Don't Be Shellfish When It Comes To The Sandbanks!

Clyde & Co
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The Fishermen disputed that the private fishery extended to this area and argued that the Fishery had to establish that its right extended to the sandbanks before they joined to the foreshore.

United KingdomReal Estate and Construction
Rebecca Noble
Rebecca Noble
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Some local fishermen in Norfolk have been partially successful in a recent case in the Supreme Court, the judgment providing them with the right to fish in areas which it was alleged that they were not entitled to fish in.

This recent case (Lynn Shellfish Ltd and others v Loose and another [2016] UKSC 14) has also provided some helpful guidance to owners of land which borders water, as well as confirming the general principles of prescription by long user.

Facts

This case concerned the area of a private fishery, in Norfolk, which was owned by the estate of Mr Le Strange Meakin and which had been leased to John Loose ("the Fishery") since 1970. In a previous case (Loose v Castleton) in 1978, the estate had established that it had a private fishery by way of prescription of long user (meaning it had exclusive control over the area for a sufficient period of time).

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