R (on the application of Unitymark and the NSFO) v DEFRA (Administrative Court and European Court of Justice)

In this case Adam Lewis represents North Sea flat fish fishermen in their application for judicial review of the UK legislation implementing the EC cod fishing effort limitation legislation.  A reference to the European Court of Justice as to the validity of the underlying EC legislation was made by Evans Lombe J.  The case was heard by the Court of Justice in March 2005.  The case is important because, first, it involved an English Court making a reference as to the validity of EC legislation (as opposed to domestic legislation) and this has been only rarely done.  Secondly the case involves the legitimacy of the “days at sea” approach to effort limitation in the fisheries.