Borwick Development Solutions Ltd v Clear Water Fisheries Ltd

Subject Matter

ANIMAL — Fish — Right to possession — Claimant selling commercial fishery — Contract of sale not dealing with fish stocks — Claimant claiming ownership of fish stocks and bringing claim in conversion — Whether fish in commercial fishery continuing to be wild animals and therefore not subject to absolute property rights — Whether claimant having qualified property in fish per industriam — Whether such property passing on transfer of fishery — Whether claimant having possessory title on which to found conversion claim

[2019] EWHC 2272 (Ch); [2020] 1 WLR 559; [2019] WLR(D) 626, Ch D

ANIMAL — Fish — Right to possession — Claimant selling commercial fishery — Rights in fish stocks neither granted nor reserved on sale of land — Whether claimant retaining property rights in fish — Whether fish in commercial fishery continuing to be wild animals and therefore not subject to absolute property rights — Whether claimant having acquired qualified property in fish per industriam — Whether such property passing to purchaser on sale of fishery

[2020] EWCA Civ 578; [2021] Ch 153; [2020] 3 WLR 755; [2021] 1 All ER 931; [2020] WLR(D) 265, CA

Appellate History