Legal News

Flounders keepers—proprietary rights in fish following a transfer of land (Borwick Development Solutions Ltd v Clear Water Fisheries Ltd)

Published on: 11 May 2020
Published by: LexisPSL
  • Flounders keepers—proprietary rights in fish following a transfer of land (Borwick Development Solutions Ltd v Clear Water Fisheries Ltd)
  • What are the practical implications of the case?
  • What was the background?
  • What did the Court of Appeal decide?
  • Case details

Article summary

Property analysis: The Court of Appeal has held that a vendor of land, comprising nine enclosed lakes and used as a commercial fishery, did not retain proprietary rights over a stock of fish, thought to be worth up to £1.1m, following a sale of the land by LPA receivers by way of enforcement of the security of the vendor’s mortgagee. The decision is the first reported case concerning the legal nature of fish stocks in a commercial fishery and will be of broader interest to conveyancers and practitioners advising receivers. Written by Mitchell Hayden-Cook, barrister, at Tanfield Chambers. or take a trial to read the full analysis.

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