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Michael Upton represents Scottish Creel Federation

Following a contested hearing on 21st July, on 7th August the Court of Session granted permission for the Scottish Creel Fishermen’s Federation to seek judicial review of the Scottish Minister’s failure to approve its proposal that trawling for prawns be prohibited for a trial period in the Inner Sound of Skye and the north end of the Sound of Sleat. The proposal was submitted to the Ministers’ agency, Marine Scotland, in response to its 2017 Inshore Fisheries Pilot Programme. The Programme invited proposals for trials whereby different areas of sea would be reserved for different types of commercial fishing, in order to monitor their effects on the marine environment. Following consultation in February 2020 Marine Scotland reported that there was opposition to the Inner Sound Pilot. It did not propose to adopt it. Lord Burns also granted the Federation’s motion for a Protective Expenses Order under the Aarhus Convention, on the grounds that the Federation is largely funded by charitable donations, the issue is of great importance to the environment, the petition has real prospects of success, and it would not be reasonable for the petitioner to bear the whole costs of the proceedings. Stable member Michael Upton represented the Federation