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Open Seas – Reclaiming Motion

Date: 25/04/2024 | DCS News, Dispute Resolution, Environmental

Davidson Chalmers Stewart received the Opinion of the First Division with delight today. The team, which is comprised of our litigation and environmental solicitors, is extremely pleased to learn that the Court has refused the Reclaiming Motion of the Scottish Ministers.

The Open Seas Trust campaigns tirelessly to protect Scotland’s waters and precious sea life and, as the Trust’s legal advisers, we are proud to have been able to support their valuable work in this way.

Jane Dickers, Director in the Dispute Resolution team, said: “We could not be more pleased with this outcome. Our successful Judicial Review of the approach taken by Marine Scotland to the issuance of Licensing Notices highlighted the Scottish Government’s consistent failure to consider the National Marine Plan. We were dismayed that this original decision of the Court was appealed by the Scottish Ministers, but are today thankful that the Inner House of the Court of Session has re-affirmed the position. This is an important decision in the fight to protect the status of Scotland’s priority marine features and we applaud the determination of the Open Seas Trust to challenge the Scottish Ministers in this way.”

Davidson Chalmers Stewart previously aided Open Seas in the successful Judicial Review of Marine Scotland’s approach to routine licensing decisions in June 2023.

The full judgment is available here.

For further information, please contact:

Jane Dickers, Director – Dispute Resolution
0131 625 9160

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