Thu, 14 April, 2016
The Supreme Court has decided that a private fishery for shellfish, established by prescription as existing since before Magna Carta, extends out to the lowest astronomical tide, as it may be from time to time. However, sandbanks which were previously separated from the foreshore and formed part of the public fishery, would not become part of the private fishery as a result of the gradual silting up of channels. The tenant of the fishery was represented at trial, in the Court of Appeal, and in the Supreme Court by Michael Davey QC of Quadrant Chambers, who has extensive expertise and experience in the law and practice of fisheries. A copy of the judgment can be found via the attached link.