Mull Shellfish Ltd v Golden Sea Produce Ltd
Mull Shellfish Ltd v Golden Sea Produce Ltd
- 1992
- Scots Law Times 1992 SLT 703-707(5) .
Second Division 2 August 1991. M, tenants of a seabed site leased from the Crown Estate Commissioners, raised an action of damages against G who leased a neighbouring site. The action was in respect of loss attributed to actings of G resulting in damage to mussels and mussel larvae which affected M`s business. The case came before the sheriff on M`s plea to the relevancy. Held, that the express terms of the lease granted to M necessarily implied that M had the right to attract free floating mussel larvae. G failed to demonstrate that M had no title and interest to pursue the action.
CROWN ESTATE
LEASES
SEABED SITES
Second Division 2 August 1991. M, tenants of a seabed site leased from the Crown Estate Commissioners, raised an action of damages against G who leased a neighbouring site. The action was in respect of loss attributed to actings of G resulting in damage to mussels and mussel larvae which affected M`s business. The case came before the sheriff on M`s plea to the relevancy. Held, that the express terms of the lease granted to M necessarily implied that M had the right to attract free floating mussel larvae. G failed to demonstrate that M had no title and interest to pursue the action.
CROWN ESTATE
LEASES
SEABED SITES