Loose v Lynn Shellfish Limited [2014] EWCA Civ 846
The Court of Appeal has considered the question of the extent of a private fishery over part of the foreshore based on a presumed lost grant made before 1189. The Court determined that this grant would have extended over the foreshore as it existed from time to time. The Court decided that, while the seaward boundary would fluctuate according to the tide, the most likely boundary was to be fixed by reference to the lowest astronomical tide.Guy Fetherstonhaugh QC and Phillip Sissons appeared for the appellants.
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