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R (South Atlantic Marine Services Ltd) v Her Majesty’s Attorney General of the Falkland Islands

Dermot Woolgar (instructed by the Attorney General of the Falkland Islands) successfully acted for the Governor and Government of the Falkland Islands in this claim for judicial review brought by a Falklands fishing company on behalf of itself and its Spanish joint venture partners. The claimant company’s track record in three fisheries had been significantly depressed as a result of the loss of a vessel by fire, for which it was not to blame. It applied for long-term individual transferable quotas in the three fisheries. In allocating quotas its track record was used, without any adjustment being made to take account of the loss of the vessel. It complained that its quota allocations were thus too low, and that, in refusing to adjust its track record, the Governor of the Falkland Islands had applied fisheries policies in an over-rigid and disproportionately unreasonable manner. The Chief Justice of the Falkland Islands, who heard the claim at the Supreme Court in Stanley, upheld the legality of the quota allocations, and the claim for judicial review was dismissed.

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