Mr Justice Cranston handed down judgment today dismissing the judicial review challenge brought by the UK Association of Fish Producer Organisations against the Secretary of State’s decision to reallocate a small amount of fishing quota from the over 10 metres fishing fleet to the under ten metres fleet (in-shore fishermen). Kassie Smith QC and Elizabeth Kelsey appeared for Greenpeace and the New Under Ten Fishermen’s Association (NUTFA), an association of small boat in-shore fishermen, in the case supporting the Government’s decision. The Judge held that there was no legitimate expectation as a matter of domestic or EU law that consistently underused quota would not be reallocated and he rejected the argument that the reallocation of quota involved the deprivation of or interference with a possession for the purposes of Article 1, Protocol 1 ECHR. He also rejected arguments that the decision offended the EU law principle of non-discrimination.
The Judge granted permission to appeal on the basis that the case raised issues of general public importance.
It’s covered by Greenpeace at http://www.greenpeace.org.uk/blog/oceans/historic-legal-victory-fish-and-fishermen-20130710.
For further Press coverage please see below;
The case has also received extensive attention in Fish Trade publications and The Local Press
click here to read the full DEFRA v UK fishing association judgment