Salmon fishing in the High Court: fisherman recovers damages under the Human Rights Act

Nigel Mott, a Three Counties based salmon fisherman, has secured a substantial payment of damages at the High Court in Birmingham after he successfully brought claims against the Environment Agency. Mr Mott is one of the last fishermen in the country to use the traditional putcher rank method of fishing. He had held a licence to fish on the River Severn at Lydney since 1975, using a rank of putchers – basket-like traps – placed on the edge of the river.

Mr Mott instructed HCR Law, with fisheries and water law specialist Michael Goodwin taking on the case. Michael, a Senior Associate in the firm’s Dispute Resolution team, represented Mr. Mott throughout the case.

In earlier court proceedings, the Supreme Court had upheld findings by the High Court and Court of Appeal that the Environment Agency had breached Mr Mott’s rights under Article 1 of Protocol 1 of the European Convention on Human Rights. Article 1 provides that a state cannot deprive its citizens of their property without the payment of compensation, unless in exceptional circumstances. This followed the agency’s decisions to place restrictions on the number of salmon which Mr Mott could catch in his putchers for the 2012 to 2014 fishing seasons under section 25 of the Salmon and Freshwater Fisheries Act 1975.

The Environment Agency had claimed that these conditions were necessary for the protection of salmon fisheries in the River Wye, which is a Special Area of Conservation. Mr Mott was subsequently awarded damages to compensate him for the losses he suffered for the 2012 to 2014 seasons.

The Agency later placed further restrictions on the number of salmon Mr Mott could catch. His putcher rank had, during the late 2000’s, caught on average 622 salmon a year but the licences granted by the Agency for 2015, 2016, 2017 and 2018 fishing seasons limited the number of fish permitted to be caught in the putcher rank to 50, 48, 55 and 55 respectively. He claimed that this was a further breach of his rights and claimed damages.

The Agency also imposed a total prohibition on salmon fishing in the Severn Estuary during the 2019 to 2020 fishing seasons pursuant to the Severn Estuary Salmon Protection Emergency Byelaws 2019. Mr Mott claimed that while the Agency offered to pay him some compensation for the 2019 to 2020 fishing seasons under section 212 of the Water Resources Act 1991 (as amended), the compensation offered was derisory, and a further breach of his rights under the Human Rights Act 1998. He also claimed damages for the Agency’s failure to issue him with a licence for the 2021 fishing season without the payment of compensation.

Mr Mott’s claims had been contested by the agency and the case came to trial in the High Court in Birmingham last month. Mr Mott secured a payment of damages of £220,000 in total as compensation in order to achieve a fair balance under Article 1 of Protocol 1 of the European Convention on Human Rights. HCR acted for Mr Mott in bringing this claim.

Following the case, Michael Goodwin said: “Nigel’s claim is very noteworthy, as it is rare for a claimant to be awarded substantial damages under the Human Rights Act for losses arising from the imposition of environmental protection measures. In this case, it was important that Nigel’s rights were vindicated, after he had faced a decade of restrictions on his ability to fish.”