Isle of Anglesey CC v Welsh Ministers et al

The High Court has handed down judgment in the case of Isle of Anglesey CC v Welsh Ministers et al [2008] EWHC 921 (QB).  Davis J held that a marina which is proposed to be built at Beaumaris in Anglesey could not be built without contravening an order made in 1962 under the Sea Fisheries Act 1868, establishing a local mussel fishery.  The judge did not accept the Crown Estate and Isle of Anglesey CC’s argument that the relevant order was ultra vires, holding instead that the construction of the marina would constitute a criminal offence under the relevant legislation.  The judgment has important implications both for the Crown’s rights over its foreshore and for the future of the shellfish industry in the United Kingdom.  Davis J granted permission to appeal to the Crown Estate and Isle of Anglesey CC.

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.