Anderson v Alnwick District Council
| Jurisdiction | England & Wales |
| Judgment Date | 21 December 1993 |
| Court | Divisional Court |
| Date | 21 December 1993 |
Queen's Bench Divisional Court
Before Lord Justice Evans and Mr Justice Macpherson
Fishing - bait-digging - justified for non-commercial purposes
Bait-digging on the foreshore was justified by the public right to fish when the bait was taken by persons who required it in exercise of that right.
The Queen's Bench Divisional Court so stated when allowing the appeal of Anthony Ernest Anderson and quashing the decision of Alnwick Justices which convicted him of an offence contrary to a bylaw prohibiting bait digging, and fined him.
Mr David Wood for Mr Anderson; Mr Alun Alesbury for Alnwick Council.
LORD JUSTICE EVANS, delivering the judgment of the court, said that a public right to take worms from the foreshore was recognised by the common law and could properly be described as ancillary to the right to fish.
The right was restricted...
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Table of Cases
...(Mar) 10.5 Alan Wibberley Building Ltd v Insley [1999] 1 WLR 894, [1999] 2 All ER 897, HL 6.7, 9.3 Anderson v Alnwick District Council [1993] 1 WLR 1156, [1993] 3 All ER 613, 91 LGR 637, DC 24.4 Anglesey, Lord v Lord Hatherton (1842) 10 M & W 218, 152 ER 448 4.1 Angus v Dalton (1877) 3 QBD ......