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Mull Shellfish Ltd v Golden Sea Produce Ltd

Language: English Series: Scots Law Times ; 1992 SLT 703-707(5)Publication details: 1992Subject(s): Summary: 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.
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Law report London Journal article ABS47689 (Browse shelf(Opens below)) 1 Available 63069-1001

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.