Isle of Anglesey CC v Welsh Ministers et al

The Court of Appeal has handed down judgment in the case of Isle of Anglesey CC v Welsh Ministers et al.  The case concerned the proposed construction of a marina at Beaumaris in Anglesey.  The Crown Estate and Isle of Anglesey CC sought declarations that a mussel fishery order made in 1962 under the Sea Fisheries Act 1868 did not prevent the construction of the marina, either because the order was ultra vires or because Articles 16 and 18 of the order reserved a right to have the marina constructed.  The Court of Appeal rejected those arguments and therefore upheld Davis J’s refusal to grant the declarations sought.

The Court’s decision is significant in particular for its consideration of: (i) the use of subsequent Acts of Parliament as an aid to construction of earlier Acts; and (ii) the nature of consolidating Acts with amendments proposed by the Law Commissions.

John Howell QC and Emma Dixon acted for the Crown Estate and Isle of Anglesey CC.  James Segan acted for the grantees of the order, a local Sea Fisheries Committee, and two fishing concerns.