Fisheries in UK Law
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R v Secretary of State for Transport, ex parte Factortame Ltd (No. 5)
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The Solicitor General laid great stress on the point made by the European Court that one of the factors which could be taken into account in the assessment of seriousness was whether or not the breach was excusable. Much importance was attached by him to the legal advice which had been taken and received. But I was not impressed by this argument. The good faith of the Government is not in question.
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R Nigel Mott v The Environment Agency David Merrett (Interested Party)
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The final sentence quoted above was explained as meaning that the number of fish allowed per licence was set as being approximately the 10 year average catch of the least productive of all the fisheries licensed. The practical result for the claimant is that his fishery of 650 putchers is given the same catch allocation as the smallest and least effective of the other putcher fisheries, which may operate 50 baskets or less.
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Bloomsbury International Ltd & Others v Sea Fish Industry Authority & Anothers
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In matters of statutory construction, the statutory purpose and the general scheme by which it is to be put into effect are of central importance. In this area as in the area of contractual construction, "the notion of words having a natural meaning" is not always very helpful ( Charter Reinsurance Co Ltd v Fagan [1997] AC 313, 391C, per Lord Hoffmann), and certainly not as a starting point, before identifying the legislative purpose and scheme.
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Isle of Anglesey and Others v The Welsh Ministers and Others
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Where an Act has been interpreted in a particular way without dissent over a long period, those interested should be able to continue to order their affairs on that basis without risk of it being upset by a novel approach. That applies particularly in a relatively esoteric area of the law such as the present, in relation to which cases may rarely come before the courts, and the established practice is the only guide for operators and their advisers.
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R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
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In the circumstances I believe that the most logical course in seeking a decision least likely to occasion injustice is to make the best prediction we can of the final outcome and to give to that prediction decisive weight in resolving the interlocutory issue.
Conversely, an authority acting in the public interest cannot normally be protected by a remedy in damages because it will itself have suffered none. It follows that, as a general rule, in cases of this kind involving the public interest, the problem cannot be solved at the first stage, and it will be necessary for the court to proceed to the second stage, concerned with the balance of convenience.
In this context, particular stress should be placed upon the importance of upholding the law of the land, in the public interest, bearing in mind the need for stability in our society, and the duty placed upon certain authorities to enforce the law in the public interest. This is of itself an important factor to be weighed in the balance when assessing the balance of convenience.
- The Anglo-Icelandic Fisheries Dispute
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A Systematic Approach to Studying Fisheries Governance
How can policies for governing marine fisheries become more effective? How can we engage in developing a new science of fisheries governance that promotes knowledge accumulation and collective lear...
- Review: International Law and Organization: The Fisheries Regime of the Exclusive Economic Zone, EEC Fisheries Law
- Domestic Groups, Bureaucrats, and Bilateral Fisheries Relations
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National Marine Fisheries Service Finds Listing the Klamath and Trinity River Chinook Salmon as Threatened or Endangered May Be Warranted
On February 27, 2018, the National Marine Fisheries Service (“Service”) published a 90-day finding on the Karuk Tribe and Salmon River Restoration Council’s (“Petitioners”) petition to list the Upp...
- Scottish Government Proposals For The Aquaculture And Freshwater Fisheries Industries
- Landmark Decision For Clyde & Co's Clients: Queensland Fisheries Participants
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Government publishes draft UK-EU Comprehensive Free Trade Agreement
On 19 May 2020, the Government published the following draft legal texts to accompany its February 2020 policy paper, The future relationship with the EU. The draft legal texts comprise: UK-EU Comp.........The draft legal texts comprise: UK-EU Comprehensive Free Trade Agreement (chapter 17 deals with financial services). UK-EU CFTA Annexes. Fisheries Framework Agreement. Air Transport Agreement. Civil Aviation Safety Agreement. Annexes to Civil Aviation Safety Agreement. Energy Agreement. Social ......
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Chapter CA23146
...... . . it is incurred for the purpose of a qualifying activity. . in the fisheries or aquaculture sector; or. related to managing the waste of other undertakings. . See also CA23147 for further ......
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Chapter CAPI02050
......fisheries and of first stage processing’, and. processed products derived from basic products and generally known as ‘non-Annex I’ goods. Notice 780 ......
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Chapter BIM40456
...... Small Business Grant Fund. Retail, Hospitality and Leisure Grant Fund. Local Authority Discretionary Grant Fund. Fisheries Response Fund. . . . in Wales:. . Welsh Government Business Grants (Grants 1 & 2). Economic Resilience Fund. . . . ......
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Chapter CA45100
......Again, a balancing charge is treated as income of that virtual property business. . . fisheries and aquaculture,. shipbuilding,. the coal industry,. the steel industry,. synthetic fibres,. the primary production of ......