Case commentary - fishing quota: A very large squatting claim?

Appleby, Thomas; Pieraccini, Margherita

Abstract

United Kingdom Association of Fish Producer Organisations v
Secretary of State for Environment, Food and Rural Affairs
[2013] This case was a judicial review over the reallocation of unused fishing quota from the from the larger to smaller scale operators. The larger operators sought to quash the decision on the grounds of legitimate expectation, interference with a possession under human rights law and discrimination. The claim was dismissed on all three grounds but the reasoning for the dismissal of the human rights claim potentially established fishing quota as a possession, before finding no interference as unused quota had no value. Since most quota in the UK is used this could require compensation to fishers if there are further adjustments.

• Journal Article Type: Article
• Publication Date: Jan 1, 2013
• Publicly Available Date: Jun 7, 2019
• Journal: Environmental Law and Management
• Print ISSN: 1067-6058
• Publisher: Lawtext Publishing
• Peer Reviewed: Peer Reviewed
• Volume: 25
• Issue: 4
• Pages: 140-141
• Keywords: fish conservation, quota property, human rights, judicial review possession
• Public URL: https://uwe-repository.worktribe.com/output/936641
• Publisher URL: http://www.lawtext.com/lawtextweb/default.jsp?PageID=2