Nigel Maurice Johnston v. The Scottish Ministers
Location: Case TypesEU Law    
Posted by: Euan A. Dow 26/05/2005 23:00
On his fishing boat and between 1986 and 1991 the pursuer carried monofilament gill nets contrary to the Inshore Fishing (Prohibition of Carriage of Monofilament Gill Nets) Order 1986. This order was subsequently revoked by the Inshore Fishing (Monofilament Gill Nets) (Scotland) Order 1996 which replaced the blanket ban with a prohibition on the carrying ofmonofilament nets with a mesh size of less than 250 mm.The pursuer went to trial at Fort William Sheriff Court where he was acquitted by the Sheriff on the basis (1) that the order was ultra vires for lack of appropriate consultation before its passing and (2) that his nets fell outwith the order since they were used to catch flat fish other than by trapping them by the gills. The Procurator Fiscal appealed and the High Court concluded (1) that the order was not ultra vires and (2) that the nets in quesfell within the definition of monofilament nets for the purposes of the order. The pursuer claims that as a result of being subject to the prohibition in the 1986 order he sustained certain losses commencing from July 1986 when his nets were confiscated. He maintains that the losses continued after the nets were returned to him because he was forced as a result of the order to leave them unattended in Ireland while returning to Mallaig to land his catch.He seeks to recover these losses from the defender on the basis that the 1986 Order was in breach of community law and this breach led directly to the losses sustained by him.;
Court: Court Of Session (Scotland)
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