Jurisdiction(s):
United Kingdom

Mott v Environment Agency: UKSC finds salmon catch limits breached A1P1 property rights; fair balance in environmental controls may require compensation

Published on: 20 February 2018

Published by a LexisNexis Property expert

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Article summary

R (on the application of Mott) v Environment Agency [2018] UKSC 10, [2018] All ER (D) 77 (Feb)

What are the practical implications of the decision?

This case illustrates how the courts address the concept of a ‘fair balance’ in a human rights setting. Striking that balance requires weighing the general interests of the community against the protection of an individual’s fundamental rights; the balance is not achieved where the person affected is made to carry an individual and excessive burden.

What was the background to the appeal?

The respondent held a leasehold interest in a salmon fishery in the Severn Estuary, which he had run as his full-time occupation for almost four decades. After the Salmon Freshwater Fisheries Act 1975 was amended with effect from 2011, the appellant was able to issue fishing licences with conditions that capped the number of fish taken. To protect salmon stocks in the area, the appellant set conditions on the respondent’s licence, restricting his catch to 30 fish in 2012, 23 in 2013 and 24 in 2014. No compensation was paid. The respondent began judicial...

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