A fisherman who catches salmon on the River Severn through a traditional ‘putcher rank’ technique has won his case at the Supreme Court.
Nigel Mott (pictured) took on the Environment Agency after it restricted him to just 30 salmon a year instead of the 500 or so he catches using conical baskets, an ancient method. He argued the limit made his fishery wholly uneconomic and brought judicial review proceedings on the basis the decisions were irrational and in breach of his property rights under the European Convention on Human Rights.
The Court of Appeal allowed the Agency’s appeal on the issue of irrationality. The property rights issue went to the Supreme Court.
The Justices unanimously held in favour of Mott, in R (Mott) v Environment Agency [2018] UKSC 10, but emphasised that it was an exceptional case on the facts, because of the severity and the disproportion of the impact on Mott’s livelihood.
Simon Jackson, fisheries expert with Harrison Clark Rickerbys, who has represented Nigel throughout his legal battle, said: ‘The next step for Nigel is to consider his claim for damages—his business has been completely disrupted for the last six years and European law is quite clear that national bodies cannot take such action without compensation being offered. I am delighted for him that the Supreme Court has upheld his rights in this—it is a vindication of his determination throughout.’
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