R (UKAFPO) v Secretary of State for Environment, Food and Rural Affairs

The High Court has held that “Fixed Quota Allocation” (FQA) units under the UK’s scheme for the allocation of fishing quota are possessions for the purposes of the ECHR and EU law.  The United Kingdom Association of Fish Producer Organisations brought a judicial review claim against the Secretary of State's decisions to suspend the effect of and then take and transfer FQA units from fishermen in the over ten metre sector to those in the under 10 metre sector, on the basis that their Fish Producing Organisations had consistently underused such quota.

Cranston J, dismissing the claim, concluded that no substantive legitimate expectations arose.  Whilst finding that the FQA units were "possessions" under A1P1 he concluded that there was no deprivation or interference with such units because they had been underused and so had no value.  In recognition of the public importance of the case and of the A1P1 issues in particular the Judge granted permission to appeal.

The full judgment can be read here: http://www.bailii.org/ew/cases/EWHC/Admin/2013/1959.html

Tom de la Mare QC and James Segan appeared for UKAFPO.