{"id":10745,"date":"2018-02-15T07:38:20","date_gmt":"2018-02-15T12:38:20","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=10745"},"modified":"2018-02-15T07:38:20","modified_gmt":"2018-02-15T12:38:20","slug":"fisherman-wins-case-told-cant-catch-fish","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2018\/02\/15\/fisherman-wins-case-told-cant-catch-fish\/","title":{"rendered":"Fisherman Wins Case After Being Told He Can\u2019t Catch Fish"},"content":{"rendered":"

By\u00a0Naomi Webber<\/a><\/p>\n

Two years ago, in one of the UK\u2019s more unusual human rights cases,\u00a0we reported on the fisherman\u2019s rights victory of Mr Mott. The salmon fisherman has hit the headlines again today, following an appeal by the Environment Agency at the Supreme Court.<\/strong><\/span><\/p>\n

Mr Mott was one of the last fishermen in the country to use a medieval method of salmon fishing called a \u2018putcher rank\u2019, which involves setting up timber frames across a tidal river and trapping fish in willow baskets. This has been his sole livelihood since 1979.<\/p>\n

In a somewhat \u2018fishy\u2019 move in 2012, the Environment Agency imposed a limit on the number of fish\u00a0that could be caught in a season in order to protect salmon stocks.<\/p>\n

Previously Mr Mott had been catching 600 fish every year, giving him an income of around \u00a360,000. He has now been told he can only catch 30 fish per year. In 2013 the Environmental Agency told him\u00a0he could only catch 23 fish\u00a0\u2013\u00a0the following year they\u00a0changed the\u00a0limit to 24.<\/p>\n

\u2018Irrational\u2019 and Breaching Human Rights?<\/strong><\/h3>\n

Mr Mott challenged this decision saying it was both \u2018irrational\u2019 and a breach of his human right to use his property (Article 1 of the First Protocol<\/a>). Part of the\u00a0Human Rights Convention<\/a>, and UK domestic law\u00a0through the\u00a0Human Rights Act (1998),<\/a>\u00a0Article 1 of the First Protocol\u00a0states that everyone is entitled to \u201cpeaceful enjoyment of his possessions\u201d.\u00a0However, this doesn\u2019t stop the state from \u201cenforcing such laws as it deems necessary to control the use of property\u201d when it\u2019s in the \u201cgeneral interest\u201d.<\/p>\n

In an\u00a0earlier ruling in 2016<\/a>, the Court of Appeal said it was not irrational, but it was a breach of his human rights. The judges decided that he should be entitled to compensation; however, The Environment Agency \u2018app-eel-ed\u2019 the judgment.<\/p>\n

An Exceptional Case<\/strong><\/h3>\n

The Supreme \u2018Caught\u2019 has\u00a0now had its say<\/a>\u00a0(which is final) and has upheld the original judgement.<\/p>\n

After much \u2018de-bait\u2019, it found that the conditions imposed by the Environmental\u00a0Agency effectively deprived Mr Mott of the use of his putcher rack, and it gave no consideration to the effect on his livelihood. Therefore, the\u00a0judges ruled that Mr Mott is entitled to compensation.<\/p>\n

The Supreme Court stressed that this case is exceptional, and national authorities\u00a0are permitted broad\u00a0discretion in imposing environmental controls. While the \u2018scales\u2019 of justice have weighed in favour of Mr Mott on this occasion, this does not mean that\u00a0others can expect to receive compensation whenever their use of their property is limited.<\/p>\n

 <\/p>\n

Source\u00a0\u00a0rightsinfo.org<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

By\u00a0Naomi Webber Two years ago, in one of the UK\u2019s more unusual human rights cases,\u00a0we reported on the fisherman\u2019s rights victory of Mr Mott. The salmon fisherman has hit the headlines again today, following an […]<\/a><\/div>\n","protected":false},"author":14,"featured_media":10746,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[15,2],"tags":[4891],"class_list":{"0":"post-10745","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-human-rights","8":"category-news","9":"tag-fishermans-rights","10":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/10745","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/14"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=10745"}],"version-history":[{"count":1,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/10745\/revisions"}],"predecessor-version":[{"id":10747,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/10745\/revisions\/10747"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/10746"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=10745"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=10745"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=10745"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}