In this action the plaintiff claims a declaration that he is entitled to collect winkles, whelks and worms from the waters and bed of Strangford Lough below the low water mark and that part of the foreshore owned by the first defendant, the National Trust for Places of Historic Interest or Natural Beauty ("the National Trust"), between low and high water marks both for the purpose of personal consumption and for commercial fishing purposes. Mr McBrien appeared for the plaintiff who described himself as an unemployed fish merchant. Mr Devlin appeared on behalf of the National Trust. The Crown Estate Commissioners who by Order dated 18 April 1997 had been added as a second defendant did not appear at the trial and indicated in correspondence that they did not wish to play an active role in the proceedings. I am indebted to both Mr McBrien and Mr Devlin who marshalled their arguments in this complex and unusual area of law with commendable clarity.
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