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Tag: Original Acquisition

Fish, Soil and Industry: Proprietary Interests in Borwick v Clear Water Fisheries

Published 11th May 2020

In Borwick v Clear Water Fisheries [2020] EWCA Civ 578, Borwick had owned and run a fishery, which consisted of nine enclosed lakes created from voids left over by the excavation of the M6, since 2005. During this time, they bought and husbanded new fish stock. In January 2016, Borwick’s lender appointed receivers to execute a charge over the land. The receivers duly sold the land to Clear Water Fisheries (CWF). The fish were not mentioned in the sale agreement and the receivers informed Borwick they did not consider them to be included under the charge. Borwick then raised an action in damages against CWF for conversion of the fish.

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