Scottish Human Rights Law Group » Agricultural & Fisheries Law

Booker Aquaculture v. Scottish Ministers

Lee Jones — Tue, 28 Apr 2009 12:38:04 +0000

The Convention requirement for respect for property rights was unsuccessfully relied upon in the context of a claim for compensation by fish farmers whose stock was destroyed by Government order to prevent the spread of highly infectious fish diseases.

Bailii Report

Magnohard Ltd and others v United Kingdom Atomic Energy Authority

Lee Jones — Sun, 26 Apr 2009 16:08:26 +0000

the pursuers, who were owners variously of fishing rights and of land abutting a beach which lay adjacent to Dounreay nuclear power station, sought a declarator that the defender was in breach of its duties under Section 7 of the Nuclear Installations Act 1965 after particles of nuclear matter had been found on the beach. The pursuer claimed that their property had been materially damaged as a result of the inadequacies in the defenders the current monitoring and particle removal programme which was carried out under the auspices of the Scottish Environmental Protection Agency. In granting the requested declarator the Lord Ordinary held that there remained a possible case to answer in respect of a breach or breaches of the pursuers’ human rights under Article 1 Protocol 1.

Click here for bailii report

Matthew v Aitken 2004 SCCR 515

Sarah Mennie — Sat, 31 Jan 2009 10:56:41 +0000

The appellant, the master of a fishing vessel registered at Banff and licensed under the Sea Fish (Conservation) Act 1967, was charged with failing to comply with a condition attached to the vessel’s licence, namely that he had failed to deposit a copy of the log sheet for the vessel prior to commencing the landing of sea fish. He claimed that the condition in question was insufficiently specific to establish an offence within the terms of Article 7 and that the imposition of the condition had no foundation in and was inconsistent with Community law, given that it imposed stricter requirements than those authorised by that law. In dismissing the appeal, that court held that the wording of the condition was sufficiently clear to leave no real doubt as to its meaning and intent and there was no incompatibility with the requirement of certainty laid down by Article 7 and that Article 38 of Council Regulation 2847/93/EC permitted Member States to take supplementary measures which, so long as they complied with Community law and were consistent with the common fisheries policy, could impose stricter provisions designed to police and enforce that policy.

Link to Report

Magnohard Ltd and others v United Kingdom Atomic Energy Authority

Jennifer Dunlop — Fri, 30 Jan 2009 09:36:29 +0000

The pursuers, who were owners variously of fishing rights and of land abutting a beach which lay adjacent to Dounreay nuclear power station, sought a declarator that the defender was in breach of its duties under Section 7 of the Nuclear Installations Act 1965 after particles of nuclear matter had been found on the beach. The pursuer claimed that their property had been materially damaged as a result of the inadequacies in the defenders the current monitoring and particle removal programme which was carried out under the auspices of the Scottish Environmental Protection Agency and that they as individuals had suffered stress and anxiety caused by the deposit of the particles which they claimed had given rise to various risks to health. In granting the requested declarator the Lord Ordinary held that there remained a possible case to answer in respect of a breach or breaches of the pursuers’ human rights under Article 8 and Article 1 Protocol 1.

Full report available here.

Scottish Human Rights Law Group » Agricultural & Fisheries Law

Booker Aquaculture v. Scottish Ministers

Magnohard Ltd and others v United Kingdom Atomic Energy Authority

Matthew v Aitken 2004 SCCR 515

Magnohard Ltd and others v United Kingdom Atomic Energy Authority

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