MUSSEL FISHERS AND WELSH JUSTICE
The case of the Queen on the application of Deepdock Limited, Myti Mussels Limited, Extra Mussel Limited, Ogwen Mussel Limited, and Andrew Wilson v the Welsh Ministers and the Isle of Anglesey County Council, Anglesey Boat Company Limited, and the North Western and North Wales Sea Fisheries Committee might not look like a significant legal decision – but it is.
I should say that I have actually been involved in the background to this case as it involves the proposed development of a marina in Beaumaris on Anglesey by the Anglesey Boat Company Limited.
The recent judgement of his Honour Judge Hickinbottom on 30 October 2007, however, does not concern the merits of whether the proposed marina should go ahead. There are objections to the marina based on the possibility of its effect on mussel farming in the Menai Straits.
An issue considered by the Judge was the venue issue. An application was made by the Welsh Ministers for the claims to be heard in Wales. Initially this was opposed by the mussel farms, the Fisheries Committee, Ynys Mon Council and the Crown Estate all seeking a direction that the hearing be in London. One reason for this is that it was more convenient for the parties in Anglesey to travel to London rather than to Cardiff (now that sounds familiar!). The Judge considered that it was possible for the hearing to be elsewhere than Cardiff in Wales. He considered that proceedings could be heard in Llangefni or Caernarfon with the district registries being the obvious potential venues.
The case that was considered in this regard was the case of Condron v The National Assembly of Wales 2006. This case had concerned the Ffos y Fran Opencast Mining application. In the Court of Appeal, Richards LJ had said that the case could be heard in Wales and he regretted that efforts had not been made to list it in Wales.
There is an important body of administrative law developing with a Welsh flavour and doubtless this will increase as time goes on and as the Assembly develops separate and distinct laws from the rest of the United Kingdom.
The case is an important one. The mussel fishers and Anglesey Boat Company may be casting a pebble in the legal pond much like Mrs Carlill and her smoke ball, or Mrs Donaghue and her ginger beer!
